The Government

The Executive power is exercised by the government which consists of the Chairman of the Government (the Prime Minister), deputy chairmen and the federal ministers. The Chairman's candidate is appointed by the Pres­ident with the consent of the State Duma. Should the selected candidate be rejected three times, the President appoints the Prime Minister himself, dis­solves the State Duma and announces new elections. Additionally, the Chair­man of the Government proposes to the President candidates for the posts of deputy chairmen and the other federal ministers.

The government presents a draft budget to be discussed by the State Duma and it provides its implementation and realization of financial, credit and monetary policies. It carries out measures to ensure the legality, rights and freedoms of the citizens, to protect property, public order and combat crimes. It ensures state security, and the realization of foreign policy. The government ensures the implementation of a uniform state policy in the sphere of culture, science, education, social security, health, and ecology.

Language focus

1. Choose the best ending to these incomplete sen­tences.

1. The Parliament consists of .. . (one branch only, two chambers, several committees).

2. The Federation Council and the State Duma sit... (separately, together, with other governmental subcommittees).

3. Military forces cannot be used outside the country without the approval of ... ( The State Duma, the Federation Council, the President).

d) Appointment of the Supreme body of the judicial branch is within the competence of . . . (the Chairman of the Government, the Federation Council, the Treasury).

e) Charges against the President can be issued by... (the government, the deputy chairmen, the State Duma).

6. The Chairman's candidate is appointed by ... ( the deputy Chairman, the Federation Council, the President).

1. Answer the questions.

1. Who has the right to approve the President's appointment?

2. Who has the right to appoint the Accounts Chamber?

3. Who has the right to have the final decision on the impeachment of the President?

4. Who has the right to dissolve or decline the power of the Government or dissolve the State Duma?

3. Match English words and word combinations with their Russian equivalents.

1. committee 1. Совет Безопасности

2. commission 2. Федеральное Собрание

3. the Federal Assembly 3. Генеральный прокурор

4. supreme body 4. Помощник председателя

5. the General Prosecutor 5. Совет Федерации

6. the Federation Council 6. Совет Министров

7. the deputy Chairman 7. комиссия

8. the Council of Ministers 8. комитет

9. the Accounts Chamber 9. Счетная палата

10. the Security Council 10. верховная власть

4. Match the words from these two lists:

1. to carry out 1. deputy Chairman

2. to appoint

3. to execute 2. changes

4. to pass 3. law/decision

5. to consider 4. hearings, measures

6. to approve 5. decisions, selections

7. to issue 6. new elections

8. to sign 7. the Prime Minister

9. to select 8. the state budget

10. to announce 9. law, document

k) to assign 10. questions, issues

1) to present 11. policy

m)to realise 12. no confidence

n) to ensure 13. a draft

o) to vote 14. rights, freedoms, legality

p) to dissolve 15. the State Duma

q) to form 16. government

5. Put the missing verbs into these sentences:

a)The Federation Council... two representatives from each region.

2. The Federation Council and the State Duma . . . separately but they have the right... the decision ... closed sessions.

c)The Federal Council . .. decisions on changes of borders between the constituent entities.

d)The State Duma ... charges against the President and gives suggestion on his impeachment.

5. The selected candidate should be rejected three times, the President . . . the Chairman of the Government himself ... the State Duma and . . . new elections.

6. Fill in the gaps in the sentences with prepositions from this list: on, out, outside, of, against, with, without, within.

1. The Parliament consists ... two chambers.

b)Each chamber forms committees and commissions to carry . . . appropriate hearings.

c)The Accounts Chamber monitors implementation... the federal budget.

d)The Federation Council approves decisions ... changes of borders.

e)... the Federation Council approval military forces cannot be used ... the country.

6. The State Duma has the right to bring charges ... the President.

6. Read and translate the text about the procedure of passing laws in Russia.

Making laws in Russia

Federal laws adopted by the State Duma are submitted within five days for examination by the Federation Council. A federal law is considered to have been approved by the Federation Council if over a half of the total number of members of that chamber have voted for it or if the Federation Council does not examine it within fourteen days. In the event that the Fed­eration Council rejects a federal law, the chambers may set up a conciliatory commission to settle differences, after which the federal law shall be recon­sidered by the State Duma.

In the event that the State Duma disagrees with the decision of the Fed­eration Council a federal law is considered to have been adopted if in the second vote not less than two thirds of the total number of deputies of the State Duma have voted in favour of it. If the President of the Russian Feder­ation rejects a federal law within fourteen days of receiving it, the State Duma and the Federation Council shall reconsider that law in accordance with the procedure established by the Constitution of the Russian Federation. If upon reconsideration the law is approved in the previously adopted wording by a majority of not less than two thirds of the total number of members of the Federation Council and of deputies of the State Duma, it must be signed by the President within seven days and promulgated.

Courts in Russia

1. Read and translate the text. Use the dictionary

Courts and Their Functions

In all legal systems there are institutions for creating, modifying, abolish­ing and applying the law. Usually these take the form of hierarchy of courts. The role of each court and its capacity to make decisions is strictly defined in relation to other courts. There are two main reasons for variety of courts. One is that a particular court can specialize in particular kinds of legal ac­tions. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment. The decisions of a higher court are binding upon lower courts.

The court is a state body that administers justice on behalf of the state.

There are courts of first instance (original jurisdiction) and second instance (appellate jurisdiction). A court in which a case is first heard is called the court of first instance. A court of original jurisdiction is one which first exam­ines a case in substance and brings in a sentence or decision. Any court, from the district court to the Supreme Court of the state may sit as a court of first instance. In almost all cases it is possible to appeal to higher court for recon­sideration of the decision of the original court. A court of second instance is one which examines appeals and protests against sentences and decisions of courts of first instance.

The Constitutional Court ensures that the laws and other normative acts passed or being considered by the supreme and local legislative branches are constitutional.

The Supreme Court is the highest judicial body for civil, criminal, admin­istrative and other cases under the jurisdiction of common courts. It exercises judicial supervision over the activities in the procedural forms envisaged by federal law and provides interpretation on the issues of court practice. It tries the most important criminal and civil cases and likewise hears appeals against the judgements and sentences of other courts.

The basic judicial body is the district court. District courts try both crimi­nal and civil cases. It is also the duty of the district courts to protect the rights of citizens. The higher courts of constituent entities of the Rus­sian Federation hear and determine cases of major importance. They are courts of appellate jurisdiction.

The Supreme Arbitration Court is the highest judicial body for settling economic disputes and other cases examined by courts of arbitration; it ex­ercises judicial supervision over their activities in the procedural forms en­visaged by federal law and provides interpretation on issues of court pro­ceedings.

In all courts cases are tried in public. The participants in the trial (the prosecutor, the lawyers, the plaintiff, the judge, the defendant and the oth­ers) speak in the open court. The accused is guaranteed the right to defend. The press has the right to be present.

During the hearing of a case any citizen may enter the courtroom and be present during the trial from the beginning to the end. The hearing of cases in closed session is allowed only in exceptional cases. Closed sessions are only allowed if it is in the interests of both sides or for the necessity to keep state secrets. Trial without participation of both sides is not allowed. The judges are independent and they must obey the law.

Comprehension

1. Are these statements true or false?

   1. There are courts of first instance and second instance.

   2. A court of first instance examines appeals and protests against sentences and decisions of other courts.

   3. Any court, from the district court to the Supreme Court of the state, may sit as a court of first instance.

   4. Higher courts hear and determine cases of major importance.

   5. The basic judicial body is the Supreme Court.

   6. The decisions of a higher court is binding upon lower courts.

   7. The Supreme Court doesn’t hear appeals against the judgements and sentences of other courts.

2. 1. What is the role of each court?

   2. What is the function of a court of first instance?

   3. What is the basic judicial body of state?

   4. What is the function of a court of second instance?

   5. What cases does a district court consider?

   6. What are the functions of the Supreme Court?

g) What is the status of judges?

h) What are the participants of the trial?

Language focus

1. Match English words and phrases with their Russian equivalents.

a) to administer justice 1. рассматривать дело по существу

b)to bring in a sentence

a decision, a judgement 2. жалоба

3. to examine a case in substance 3.вынести приговор, решение

4. an appeal 4. отправлять правосудие

5. the power of supervision

over 5. подлежать отзыву

to be subject to removal 6. право надзора

6. a prosecutor 7. обвиняемый

7. an accused 8. обвинитель

   1. a defendant 9. ответчик

j) a victim 10. истец

k) a plaintiff 11. потерпевший

1) judicial 12. судебный

2. Here are some dictionary definitions of words. Name the jobs.

a) ... a public officer with authority to hear and decide a case in a law court.

b)... a person who practises law.

c). . . a person who starts legal proceedings against smb. (who prose­cutes).

2. Read and translate the text. Use the dictionary

Crime

A crime is understood as a socially dangerous act (or omission) directed against the social and state system, the system of economy, property and other rights of citizens or any other act infringing law and order which is defined in criminal legislation as dangerous to society.

Criminal legislation states that there can be no criminal responsibility where the nature of the act is not socially dangerous. In consequence, crim­inal law does not regard as a crime an act or omission which, even if formally containing features of some act covered by criminal law, does not constitute a danger to society on account of its triviality. Each crime consists of a number of individual elements. Those elements characterize the purpose of a criminal act, the form and method of a crim­inal action, the character of a criminal act and so forth. The total sum of elements defining a specific crime comprises what is known as the corpus delicti of a crime. The corpus delicti in any act is grounds for establishing criminal responsibility against the offender. A person may not be consid­ered guilty of having committed a crime unless several elements of corpus delicti of that crime have been established in his acts. In the absence of any element of corpus delicti in the acts of the accused, criminal proceedings may not be instituted, and if instituted, may not be continued, and must be stopped at any stage. In pronouncing its sentence the court must above all anwer these questions: a) did the act ascribed to the accused actually take place? b) does it contain corpus delicti? c) was the act performed by the accused?

The object of a crime is, under criminal law, social relations guarded by criminal legislation. This means that all crimes prescribed by the Criminal Code are ultimately aimed against the social relations taking shape and de­veloping in society. However, each crime has an immediate object. Thus, murder has its immediate object-human life, theft-state, collective or per­sonal property; rowdyism (hooliganism)-public law and order, etc.

A crime may be committed by an act, i.e. the active behaviour of a person, or persons, or by an omission, i.e. the non — performance of acts which it was his duty to perform (such as failure to use authority).

The subject of a crime is a person who commits the crime and is responsi­ble for it. Only persons who have attained a certain age and are compos mentis can be the subject of a crime. Persons who have reached the age of 16 before the commission of a crime are criminally responsible; for some crimes (murder, deliberate infliction of bodily injury impairing health, brig­andage, stealing, robbery, hooliganism with evil intent, etc.) the age is 14 years.

Actually, the age limit for some crimes (committed by persons in office in their official capacity, military crimes, etc.) is considerably higher.

A person who, at the time of the commission of a socially dangerous act, is non-compos mentis, i.e. is unable to account for his actions or to govern them in consequence of chronic mental desease, temporary mental derangement, weak-mindedness or some other morbid state, is not criminally responsible. Compulsory medical treatment as established by the criminal legislation of the state (placing in a general or special mental hospital) may be applied to such a person by a court order.

A person who, at the time of the commission of a crime, is compos men­tis but, before a sentence is passed by the court, is affected by mental derangement, is not liable to punishment. By an order of the court com­pulsory medical treatment may be applied to such a person and on recov­ery from his illness he may be liable to punishment. A person committing a crime while in a state of drunkenness is not relieved of criminal respon­sibility.

Comprehension

1. Are the following statements true or false.

1) A person who, at the time of the commission of a crime, is non-compos mentis is criminally responsible.

2) A person who has reached the age of 14 before the commission of a crime is criminally responsible.

3) Objects of crimes are human life, the state, collective or personal property, public law and order.

4) If an act does not constitute a danger to society, it is not regarded as a crime.

5) Criminal law does not regard as a crime an act or omission which is not dangerous to society.

6) The subject of a crime is any person who commits a crime.

2. Read the text in detail to answer the questions.

1. What are the elements of corpus delicti?

2. What is an object of a crime?

3. What is an immediate object of a crime?

4. Who is a subject of a crime?

5. At what age do persons committing crimes become criminally responsible?

6. In what cases are persons committing crimes not criminally responsible?

Language focus

1.Complete the sentences. Use the words.

Social system, state system, property, system of economy; the purpose of criminal act, the form of criminal action, method of a criminal action; the! subject of crime, non-compos mentis, commission of a crime, criminally; responsible.

1. A crime is a socially dangerous act directed against...

2. Corpus delicti of a crime is the sum of elements which characterize...

3. A person who commits a crime and is responsible for it is ...

4. A person who is ... at the time of... is not liable to punishment.

5. People who have attained a certain age and are compos mentis are...

2. Match English words and phrases with their Russian equivalents.

1. a specific crime 1. социально опасный характер

2. a socially dangerous act 2. уголовный процесс

3. a socially dangerous nature 3. данное преступление

4. omission 4.возраст уголовной ответственности

5. criminal proceeding 5. социально опасное деяние

6. property rights 6. обвиняемый

7. the accused 7. правопорядок

8. age limit 8. бездействие, невыполнение

9. law and order 9. имущественные права

10. material element 10. отдельный элемент

11. state property 11. по причине

1) on account of 12. по решению суда

m)individual element 13. материальный элемент

n) by order of the court 14. государственное имущество