Unit 29 Lawyers in Russia




Before you read

 

Discuss these questions.

1 What different kinds of lawyers are there in Russia?

2 What are the differences between them?

 

Text A

Legal Professionals

 

Read the text. Explain the usage of passive forms.

 

The state has many ways of making sure that citizens obey the law. It makes the public aware of what the law is and tries to encourage social support for law and order. It uses militia to investigate crimes and catch criminals. It authorizes courts to complete the investigation of criminal and civil offences and to pass sentences to punish the guilty and deter others. And it makes efforts to re-educate and reform people who have broken the law.

The state combats crime through the courts and its participants (the prosecutor, the lawyers, the judge), the Prosecutor’s Office, investigating authorities, state security bodies, militia and other law-enforcement agencies. They have to perform a series of acts to establish the fact of crime, discover the offender and determine the penalty to be imposed in virtue of law.

After receiving information that a crime has been committed, the investigator commences the preliminary investigation: he inspects the scene of the crime, summons and questions witnesses, detains suspects, etc. During the investigation of a criminal case, he has the right to demand that citizens should take part in examinations and searches, and testify on the facts known to them; and that persons in office make available certificates, documents, etc. The militia, the investigator, the prosecutor and the court may make such demands only within the power vested in them by law.

The challenge of the militia has always been to protect state and personal property, to maintain public law and order, to safeguard the rights and interests of citizens.

Supervision on observing the law is carried out by the Office of the Prosecutor General of the Russian Federation. It forms a single, centralized, hierarchical system, public (the lower) prosecutors obeying the higher ones and the Prosecutor General of Russia. The Prosecutor General 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.

Public prosecutors of constituent entities of the Russian Federation shall be appointed by the Prosecutor General of the Russian Federation by agreement with the constituent entities.

Other public prosecutors shall be appointed by the Prosecutor General of the Russian Federation.

The powers, organization and procedure for the activities of the office of the Prosecutor General of the Russian Federation shall be determined by federal law.

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

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 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 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 conducts 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 against the sentences and decisions of the courts which he finds illegal.

 

Vocabulary

authorize v уполномочивать; давать право

challenge n зд. 1 обязанность; 2 задача

combat v бороться (против)

constituent entity n 1 субъект федерации; 2 избирательный округ

detain v 1 задерживать; 2 брать под стражу

deter v удерживать от совершения чего-либо (с помощью средств

устрашения)

re-educate v перевоспитывать

lodge v заявлять; to lodge a protest заявить протест

the Prosecutor’s Office n прокуратура

summon v вызывать; summons n вызов в суд, судебная повестка

supervisory power n надзорное право

vest v облекать, наделять (правами, властью); vested in smb.

предоставленный (кому-либо)

virtue n сила, действие; in virtue of law в силу закона

witness n свидетель

 

Reading tasks

Answer these questions.

1 What state bodies are responsible for preventing any violations of law?

2 Do common people bear responsibility for preventing any offences?

3 Through what bodies does the state combat crime?

4 What acts must these bodies perform?

5 What does the investigator do after receiving information that a crime has

been committed?

6 What rights do the investigating bodies have during the investigation of a

criminal case?

7 What is the function of a prosecutor?

8 Who has the right to appeal against all decisions and actions of the state

bodies?

9 Who has the right to complain to the prosecutor concerning any violation of

the law?

10 Whose duty is it to bring the guilty person to trial?

11 Who supervises the investigation of cases conducted by the militia?

12 Who conducts the prosecution before the court in the name of the state?

13 Who proves the charges against the accused?

14 Who proposes the penalty to be imposed on a guilty person?

15 Who has the duty to withdraw the charge?

16 Who has the right to lodge protests against the sentences and decisions of the

courts which he finds illegal?

 

Comprehension check

Choose the answer (A, B, C or D) which fits best according to the text.

What is the procedure of appointment of Public prosecutors of constituent entities of the Russian Federation?

A Public prosecutors of constituent entities of the Russian Federation shall be

appointed by the Prosecutor General of the Russian Federation.

B Public prosecutors of constituent entities of the Russian Federation shall be

appointed by agreement with the constituent entities.

C Public prosecutors of constituent entities of the Russian Federation shall be

appointed by the President.

D Public prosecutors of constituent entities of the Russian Federation shall be

appointed by the Prosecutor General of the Russian Federation by agreement

with the constituent entities.

 

Vocabulary tasks

 

A Match the following words and phrases with their Russian equivalents.

 

 

1 to combat crime a налагать наказание

2 to commence b предварительное следствие

3 to commit crime c давать показания

4 to detain a suspect d должностное лицо

5 to impose a penalty e бороться с преступностью

6 to maintain law and order f судебный процесс

7 in virtue of law g начинать

8 a person in office, an official h выразить протест

9 preliminary investigation i совершить преступление

10 state security bodies j надзор

11 to testify k следственный орган

12 trial l поддерживать правопорядок

13 to vest power in somebody m прокуратура

14 supervisory power n задержать подозреваемого

15 an investigating body o облекать полномочиями кого-либо

16 to lodge protest p в силу закона

17 the Prosecutor’s Office q органы госбезопасности

 

B Who performs the following actions? Choose the necessary words from the

box.

 

the militia citizens the state the investigator law-enforcement agencies

 

1 __________ perform a series of acts to establish the fact of the crime.

2 __________ makes the public aware what the law is and tries to encourage

social support for law and order.

3 __________ should take part in examinations and searches.

4 __________ authorizes courts to complete the investigation of criminal and

civil offences and to pass sentences to punish the guilty and deter others.

5 _________ makes efforts to re-educate and reform people who have broken

the law.

6 __________ must be aware of the laws which affect their lives.

7 __________ protects state and personal property, safeguards the rights and

interests of citizens.

 

C Read the following words and try to guess the meaning of their derivatives.

Distribute them into 3 columns.

 

nouns verbs adjectives

 

 

to investigate – investigation - investigator

to establish – establishment

to discover - discovery

to determine – determined - determination

to inspect – inspector - inspection

to question - a question – questioning

a suspect – to suspect – suspicious

person – personal

original – an original – to originate

offender – offence

 

D Enumerate.

1 the investigating bodies

2 the functions performed by the investigating bodies

3 the investigator’s duties

4 the acts performed by the investigator

5 the categories of people summoned and questioned by the investigator

6 the ways the state makes citizens to obey the law

 

E 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).

 

F Match these words and phrases with their definitions below.

 

a Evidence in a criminal case is ……………

b The testimony of witnesses is ……………

c A witness is ………………

d The indictment is ………………

(a person aware of facts, facts, the culminating stage of the investigation, a type of evidence).

 

G Fill in the gaps in these sentences with one of the appropriate verb forms.

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).

 

H Finish the sentences using the facts from the text.

 

The General Prosecutor of Russia is appointed by ……..

The general Prosecutor of Russia is dismissed by ………

The Prosecutor General of the Russian Federation forms ………..

The Prosecutor’s Office is a state body that exercises …………

The prosecutor has the right ……….

The prosecutor supervises …………

The prosecutor’s duty is ………….

The Prosecutor’s Office institutes …………

The Prosecutor’s Office investigates ……….. and sees to it that ………..

 

I Fill in the gaps (if it is possible) with the words of the same family.

Noun Verb Adjective Noun(-ion)
a law      
  to violate    
      investigation
  to supervise    
an act      
  to decide    
a crime      
  to try    
  to prosecute    
    powerful  
a judge      

 

J Study the model. Translate the sentences into English and begin with the phrases in the model.

 

 

It is the prosecutor’s right … It is the prosecutor’s duty ….

 

… апеллировать против всех действий и решений государственных органов и официальных лиц, которые он считает незаконными.

… расследовать уголовные дела.

… устанавливать обстоятельства, при которых было совершено преступление.

… собирать улики против преступников и их соучастников.

… поддерживать обвинение.

… снимать обвинение.

… подавать жалобу в вышестоящие инстанции против решения и приговора суда, если он считает их незаконными.

… выносить предложения о наложении наказания (штрафа).

… осуществлять надзор за строгим соблюдением закона организациями, министерствами и ведомствами, официальными лицами и гражданами государства.

 

K Complete the word field diagram about the Prosecutor’s office.

 

 

 


Over to you

Speak on the rights and duties of the Prosecutor General.

 

Text B



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