We
are students at the Ukrainian Academy of Law. Our Academy is one of the
oldest educational establishment of this type in the Country. Its 70th
anniversari was marked in 1990. The Academy is housed in one of the best
buildings of our city. This is the house in 77 Pushkinskaya Street designed
and constructed by Beketov-a well-known Russian architect. It has a great
number of light, spacious class-rooms, lecture-halls, a gymnasium, a
reading-room,etc. There are also special studi rooms and laboratories here.
The students have every opportuniti to master their future profession which
is law. Our Academy trains practical workers for law offices. The course of
study at the Academy is five years. Besides the day-time department there is
also an evening and a corespondense department at the academy where the
students study 5,5 years. We study general and special law subjects. Among
the general subjects are history of the Political science, the History of the
Economic science, Philosophy, Sociology, Ecological law and a foreign
Language – English, German and French. The law subjects are: criminal law,
criminal procedure, criminology, criminalistics, civil law, civil procedure,
labour law, ecological law, international law and some others. We attend
lectures, seminars and tutorials. Ciasses usually begin at 8.00 in the
morning and are over at 12.30 in the afternoon. After classes many students
hurry to the canteen to have dinner and after a short rest begin prepearing
for their lessons and seminars in the reading room or a study room. A very
important part in training future specialists is played by the Students Scientific
Society, and a lot of students carry on research work in its numerous
circles. All of us also take part in the public activities of the Academy.
Almost all the out-of town students live in the hostel. At the end of each
term we take credit tests and examinations. They are called terminals. All
those who pass exams successfully are granted stipends. At the end of the
corse of study the students take state examenations. Finals, as they are
often called. When we graduate from the academy we shall work accordihgly to
our appointments as investigators, judges, procurators, etc. Some of us will
work in the militia. Every year our country gets highly qualified specialists
standing on guard of legality and law and order.
THE UKRAINIAN COURT.
The
court is the main instruments of enforcing law. The fates of people, defence
of their interests, maintance of relations between the state and the citizen
defined by the law and the observance of public order greatly depend on the
court. 1. Justise in Ukraine is administered only by the court in strict
conformity with the law.2. Justice is administered on the principle of the
equality of citizens before the law and the court.3. All citizens have the
right to legal defence.4. Judges are independent and subject only to the law.
The inviolability of judges and other guarantees of their independence are
provided for by the law.5. All courts are formed on the principle of the
electiveness or appointment of judges. The judges are elected by the
president for a term of 5 years, and then by the Verchovna Rada for… In trial
courts ( courts of original jurisdiction) cases may be examined either by a
judge alone or colegially with a pannel of three professional judges or the
jury ( when dealing with more serious crimes and civil ofences). When the
case is tried by a judge alone he pases ruling and a sentence. When hearing
of criminal cases is collegial the court brings in decision or a judgement.
6. There exist a system of independent courts in Ukraine, all of them having
their own competence: the Constitutional Court of Ukraine ensure the
conformity of laws and other normative acts to the Constitution of Ukraine;
General Courts comprise district (city) courts, interdistrict (circuit)
courts, regional courts and the Supreme Court of Ukraine. These Courts try
civil, Criminal and administrative cases. The Supreme Court of Ukraine is the
highest judicial organ in the system of general courts. It is a court of appelate
and cassation jurisdiction. The Court of Arbitration ensures the defence of
rights and legitimate interests of participants in economic relations.7.
Proceedings in all courts are open to the public.8. The suspect, the accused
and the defendant are ensured the rights to legal defence. The amendments
introduced into the Fundamenals of Criminal Legal Procedure envisage the
defence lawer being allowed to take part in a case from the moment an
accusation is made or a suspect detained.9. No one may be adjudged guilty of
a crime and subjected to punishment as a criminal except by the sentence of a
court and in conformity with the law.10. Representatives of public
organizations and work collectives may take part in the examination of civil
and criminal cases in court.
GREAT BRITAIN.
Status: a
parliamentary monarchy. Executive power: the Cabinet of Ministers.
Legislative
body: Parliament. Houses: the House of Lords and of Commons.
Head of the
state: the Queen. Head of the Government: Prime Minister.
GB is a
parliamentary monarchy. Officially the head of the state is the Queen, but
her power is limited by Parliament. In practice the country is governed by
the Government in the name of the Queen. In reality the whole political power
belongs to B. Government consisting of the Prime Minister and other
ministers. All the ministers in the B. Government must be appointed by the
Queen, but in fact she makes the appointment on the Prime Minister’s advice
The
legislative power is vested in the Queen and Parliament. Parliament is made
up of two Houses—the House of Lords and the House of Commons, the supreme
legislative body. At presents all legislation is initiated by the Cabinet,
which consists of the heads of the most important Departments.
The
House of Commons is elected at General elections which are to take place
every 5 years. The House of Lords is not elected—the titles and the seats are
inherited there, but now is elected body.
The
leader of the party that has won the election and has the majority in the
House of Commons forms the Cabinet and becomes the Prime Minister. The Prime
Minister is responsible for the policy conducted by Parliament.
Two
parties at dominate at the election in GB: the Conservative Party (the
Tories) and the Labor Party. The Party which has majority in the House of
Commons is called the Government and the others—the opposition.
The
Conservative Party represents the interests of big business and is described
as the Party of upper and middle classes.
The
Labor Party is composed mainly of trade union members. Members of Parliament
are elected by direct and secret ballot. Citizens of 18 years and other have
the right to vote. At a general election a person votes for the labor
candidate, or for the Conservative candidate, or for the candidate for some
other party.
About
one-third of the people support the Labor Party all the time, another third
the—Conservatives. The last third consists of people who are ready to change
from one of these parties to the other.
Support
for the Conservative Party is associated with a belief in the traditional
basis of society, strong respect for the Royal Family and the privileged
class.
The
UK is a member of the European Economic County.
THE
INVESTIGATOR.
In
accordance with national legislation, all criminal cases pass through the
stage of preliminary investigation before they are heard in Court.
The
Procurator’s Office, the Ministry of the Interior and the National Security
Service have their own investigation departments. Their competence is briefly
as follows:
1.
Investigators
from the Procurator’s Office have the right to investigate any case, but in
actual fact they carry out inquires into the gravest crimes, such as murder,
embezzlement on a large scale, rape, banditry etc and also in the cases if
malfeasance;
2.
Investigators
from the Ministry of the Interior have the right to institute proceedings
against persons who have committed any crime, but in cases of grave crimes
they only perform urgent action and then transfer the case to the
investigators of the Procurator’s Office;
3.
Investigators
from the National Security Service investigate cases of espionage and other
especially dangerous crimes against the state.
The
investigator’s job is to detect crimes, to disclose and expose persons,
guilty of them so that every person who commits a crime shall suffer a just
punishment and no innocent person shall be charged or punished, to ascertain
all the circumstances of cases and to take crime preventing measures.
While
fulfilling his duties, the investigator has the right to detain a person
suspected of a crime. He may question citizens and officials as witnesses to
the crime, make requisite search and inspections, order an expert investigation,
etc. he may undertake other actions proved for by the criminal procedure law.
The
investigator’s job is to prepare the materials of the case for court hearing.
The
preliminary investigation is called upon to facilitate the objective and comprehensive
administration of Justice.
UKRAINE.
OFFICIAL
NAME-UKRAINE
STATUS-
SOVEREIGN STATE
AREA-603,700square
kilometers
CAPITAL—KIEV
Ukraine
is one of the largest countries of Europe. It is one of the memberstates that
founded the UNO. Ukraine signed the UN’s Charter at the San Francisco
Conference in 1945.
On
December, 1, 1991 Ukraine became an independed sovereign state and the
president was elected by direct vote.
Now
Ukraine has its own territory, the highest and local bodies of state power
and the government, its own national emblem, state flag and anthem.
President
is the head of the state. He is also Commander-in-Chief of Armed Forces of
Ukraine. Vice-President is appointed by President and approved by the Supreme
Council.
The
Supreme Council is the highest organ of state power and the highest
legislative body in the Republic. The Supreme Council sets up the
Government—the Cabinet of Ministers of Ukraine. The Cabinet of Ministers of
Ukraine is the highest executive and administrative organ of the state.
Regional, district, city, town and village Soviets are the local bodies of
power.
The
highest organ of Judicial power of Ukraine is the Supreme Court.
Ukraine
is a mighty industrial and agricultural state with advanced culture, science
and art.
Ukrainian
plants produce turbines, electric motors, excavators, airplanes, tractors,
electronic computers. Together with heavy industry there are highly developed
light and food industries.
Ukraine
establishes relations with countries throughout the world. It sets direct
contacts with them signing agreements and treaties.
Ukraine
maintains close ties with all the members of the Commonwealth of Independed
States and is going to cooperate with them, to develop economic, trading and
cultural relations.
Ukraine
has proclaimed itself a nuclear free state and is going to destroy all
nuclear weapons on its territory. The process of conversation from military
to civil economy is under way.
ABOUT
MYSELF.
(MY
FUTURE OCCUPATION).
Let me introduce myself. My name is Borya Socolov.
Boriya is my first name and Cokolov is my surname. I am was born in 1980 in
the city of Kharcov. My parents are lawyers. My mother works at the
Procurator’s Office and my father works as a judge at court. My father is 52
and my mother is 50 years.
My older brother is in legal profession. He often
spoke with me about the job and gave me a lot of good advice.
At school I took a great interest in mathematics,
history and foreign languages. Sports and adventure novels were my hobby.
I finished school in 1997. After leaving school I had
chosen jurisprudence, it was not a great surprise for any member of our
family. I realize well enough that the lawyers profession is not all smiles,
hand-shakes and flowers. It abounds in hardships and problems which at times
are difficult to solve. Besides I know that lawyers are ill-paid as are
people of many other occupations in our country. But I think that these
problems are temporary and a few years time people of brain work will be
properly and justly paid
In 1997 I successfully passed my entrance exams to
the National Law academy to the name Yaroslav Wise and now I am my third
year.
The
profession of a lawyer is a human one because he stands up for the interests
and rights of people. Besides, I guess, this work requires much courage and
determination for lawyers fight negative phenomena in the society.
THE LEGAL PROFESSION.
1.We
are moving to the creation of law-governed state. This movement is
accompanied by a cardinal updating of all basic branches of legeslation.
Radical changes take place in the entire law-enforcement mechanism of Ukraine
in the work of the courts, the procurators office, the legal proffesion,
arbitration, militia and correctional labour institutions. These changes are
to become an important step towards the law-ruled state. Who should translate
the legal reform into reality? Special responsibility belongs to those who
are in the legal profession( кто причастен к праву и правосудию по роду
профессии и долгу службы): judges, lawyers, investigators,
procurators.2. A responsible mission in s law-abiding state is entrustated to
courts that must become truly independent. High demands are made of judges
professional and personal qualities. A judge should always be a person with a
sharpened sense of justice, a broad horizon, a person of high moral
qualities.3. The role of lawyers is rapidly growing in our society. They are
needed in ministries, at enterprises, cooperatives to say nothing of
law-enforcement agencies, who stand on guard of the interests of Ukraine, of
the rights and interests of our citizens and on guard of public order.
Lawyers and legal advisers should be able to provide qualified consultansy.
Lawyers are expected to be present in the early stage of investigation. That
will raise the efficiency of the investigation. The participation of a lawyer
in a trial demands from him proffessionalism, a principal and independent
defendence on a case.4. A law-abiding state is based on principles: law is
equally binding on all people and all persons are equal before the law. The
role of the Procurators`s Office, which is called upon to exercise
supervision over the strict observance of laws is being enhanced in a state
governed by law.
THE PROCURATOR.
The
main task of the procurator is to ensure the strict observance of the law by
various organizations, officials and citizens. The procurator is to supervise
the observance of legality by the organs conducting investigation, the
legality of judicial judgements and the legality of keeping convicted persons
in plases of confinement. Here are some of his rights and duties in
preliminary investigation, in the examination of cases in court and in
supervising over the observance of legality in plases of confinement. The
procurator supervises the strict implementation of the law by investigators
conducting inquiries or preliminary investigations. He must see to it that no
citizen is restricted of his lawful rights or subjected to unlawful and
ungrounded criminal prosecution. No person can be arrested without the
sanction of the procurator or the court order. A search may be conducted only
with the sanction of the procurator. After the investigation of a criminal
case he approves the indictment and transfers it to the court. The procurator
discharges important functions in the trial as state prosecutor. Like other
participants in the trial ( the defense councel, the injured party) he may
question witnesses, take part in the investigation of evidence and submit fresh
evidence in court, challenge the members of the court, etc. When the court
investigation is over, he pronounces an indictment. He may lodge his protest
against the court`s judgement, decision or rider in a higher court. The
procurator has broad power of supervision over the observance of legality in
places of confinement: he verifies the legality of keeping persons in places
of confinement, he checks up if convicted persons are relased at the right
time, he ensures that the statutory regime rules and the rules of labour for
convicted persons are observed, he supervise the state of sducational work,
etc. To discharge these functions, the procurator has the right to inspect
places of confinement at any time, to study documents, to question prisoners
in person and to demand personal explanations from the administration.