The Prosecutor's Office of Ukraine

According to the Constitution of Ukraine, the Prosecutor's Office of Ukraine constitutes a unified system that is entrusted with (покладатися, мати повноваження):

1) prosecution in court on behalf of (від імені) the State;

2) representation of the interests of a citizen or of the State in court in cases determined (визначених) by law;

3) supervision [,sju:pə'viʒn] (нагляд, контроль) of the observance [əb'zə:vəns] (дотримання) of laws by bodies (органами) that conduct (проводити) detective and search activity (оперативно – розшукова діяльність), inquiry (дізнання) and pre-trial investigation (досудове слідство);

4) supervision of the observance of laws in the execution [,eksi'kju:∫n] ( при виконанні)of judicial decisions in criminal cases, and also in the application (застосування) of other mea­sures ['meʒəz] (заходи) of coercion [kou'ə:∫n] (примус) related (пов'язаний) to the restraint (обмеження) of personal liberty of citizens.

The Prosecutor's Office of Ukraine is headed by the Prosecutor General of Ukraine, who is appointed to office with the consent of the Verkhovna Rada of Ukraine, and dismissed from office by the President of Ukraine. The Verkhovna Rada of Ukraine may express no confi­dence (висловлювати недовіру) in the Prosecutor General of Ukraine that results in his or her resignation [,rezig'nei∫n] (звільнення з посади) from office.

The term of authority of the Prosecutor General of Ukraine is five years.

The organisation and operational procedure [prə'si:ʤə] (порядок діяльності) for the bodies of the Prosecutor's Office of Ukraine are determined by law.

19 Адвокатура України. Основні повноваження адвокатів.

The Bar

The Ukrainian Bar is a voluntary professional public association of lawyers. According to the Constitution it is called upon to facilitate the protection of the rights and freedoms of citizens, institutions and organizations, to ensure the observance and promotion of legality and administration of justice. The Bar represents legal interests of Ukrainian and foreign citizens.

The work of a lawyer is various (різноманітний). He may act as a defence counsel during pre-trial investigation and in court (суд), representing interests of the plaintiff and defendant (відповідач) in civil and criminal cases. Lawyers provide (забезпечувати) qualified legal assistance to state establishments (державні установи), enterprises (підприємства) and public organizations. At the request (прохання) of citizens they draw up (складати, заповнювати) various applications (заява), complaints and other legal documents, give consul­tations on legal matters. But they themselves have no right to decide (вирішувати) any legal issue.

At the trial (судовий процес) the lawyer is an active participant (учасник): he takes part in questioning the defendant and witnesses, submits (подавати, представляти) evidence (свідчення) and at the end of the court hearing he pronounces (проголошувати) his speech for the defence. Lawyers are also entitled (уповноважувати, надавати право) to appeal against a court judgment (рішення) in a higher court. They take an active part in legal pro­ceedings on housing, labour, property and other disputes, repre­senting interests of their clients. While discharging numerous (численний) and complicated (складний) duties, lawyers render legal aid ( надавати правову допомогу) to citizens or legal persons and assist in the administration of justice in strict con­formity with ( у суворій відповідності до) the law.

Citizens of Ukraine can discharge the functions of lawyers if they have higher legal education, at least two years of work experience, have passed the qualification examination, received lawyer's certificate and taken lawyer's oath.

People who have been convicted by court and who do not possess high moral and professional qualities cannot serve as lawyers. Lawyers cannot work in court, Prosecutor's Office, notary bodies, Ministry of the Interior and Security Service of Ukraine.

Lawyers may work individually, open law offices, join asso­ciations, firms and so on.

20 Злочин. Типологія злочинів.

Crime

Crimeis an action or activity that is against the law or illegal activity generally for which there is punishment by law. Crimes may be classified in various ways as being against people, against property, and against public order or public morality. Crimes against people include assault, kidnapping, murder, and sexual attacks. Such crimes usually bring severe punishment. Crimes against property include arson, burglary, embezzlement (розтрата), forgery (підробка), fraud [fro:d] (шахрайство), theft, and vandalism. In most cases, these crimes carry lighter penalties than do crimes against people. Crimes against public order or moralityinclude disorderly conduct, illegal gambling, prostitution, public drunkenness, and vagrancy [′veigr(ә)nsi] (бродяжництво). Other important kinds of crime include organized crime and white-collar crime. Organized crime consists of large-scale activities by groups of gangsters or racketeers. Their activities include gambling, prostitution, the illegal sale of drugs etc. White-collar (службовці) crime includes criminal acts committed by business and professional people, such as cheating in the payment of taxes, petty theft by employees etc.

Theftcan be prosecuted as a misdemeanour or a felony. The value (цінність) of the item(s) (речей) taken (викрадених) determine (визначати) the seriousness of the crime. Items valued at under … are prosecuted as petty theft. Items in excess of (перевищення) … are prosecuted as grand theft. Theft is defined (визначається) as taking the property of another with the intent (намір) to deprive (позбавляти) the owner (власника) of possession (майно).

Robbery is the direct taking of property from the person of another by the use of force, intimidation (залякування) or fear (страх). Examples of robbery are purse snatching, car jacking, the “mugger” who takes a wallet or piece of jewellery, or even the kid who threatens to beat up another kid if he doesn’t hand over his lunch money.

Assault and battery can be prosecuted as either a misdemeanour or a felony – depending upon the nature and seriousness of the injuries [′inX(ә)ri] (побої). Assault is the threat (загроза) of violence (насилля) upon another person. A person does not need to be injured to be the victim of an assault. Words alone do not constitute an assault (напад). There must also be some action and intent (намір) behind the words.

Battery is any offensive touching. A punch, grab or improper bumping can constitute a battery if the act is done with the intent to harm. If an assault occurs by the use of a gun, knife, car, or any object used as a weapon (hands, feet, pool cue, chair leg, telephone receiver, shoe, etc.), the crime may be charged as a felony assault with a deadly weapon.

Drunk driving means driving or operating a motor vehicle [′vi:ikl] (транспортний засіб) in a public place while intoxicated. It is usually a misdemeanour. If you are arrested for drunk driving, you may be asked to take a blood or breath test. Usually the police will charge with fines or the suspension (тимчасове припинення) of driving privileges.

Bribery is a crime implying a sum of money or a gift given to alter (change) the behaviour of the person in ways against the duties of that person. It is offering, giving, or receiving any item of value (дорогоцінна річ) to influence (впливати) the actions of an official or other person. The bribe is the gift given to influence the receiver’s conduct. It may be any money, goods, property, privilege, or an object of value, advantage. For example, a motorist may bribe a police officer not to issue a ticket for speeding.

Libel (наклеп) is a legal term that describes a written form of defamation (наклеп). It’s a “false or unjustified injury to someone’s good reputation.” Sometimes the word slander is used in the same breath as libel. The two terms mean the same thing, except that slander usually refers to defamatory statements about someone that are spoken to others rather than written in a newspaper, magazine article, or book. Today the legal differences between libel and slander are not very distinct.

Blackmail (шантаж) is the crime of threatening (залякування) to reveal (розкривати) true information about a person to the public, a family member unless a demand (вимога) made upon the victim is met. This information is usually of an embarrassing or socially damaging nature.

Espionage is the practice of obtaining (отримання) information about an organization or a society that is considered secret or confidential (spying) without the permission (дозвіл) of the holder of the information.

Criminal law is the body of law that defines criminal offences, regulates the apprehension (арешт), charging (звинувачення), and trial (судовий процес) of suspected persons, and fixes penalties and modes of treatment (ставлення) applicable (відповідний) to convicted offenders.

21. Кримінальне право.предмет.

Criminal law

Criminal law is only one of the devices by which organized societies protect the security of individual interests and assure the survival of the group.

Criminal law to a substantial degree is concerned with wrongful acts (неправомірна дія) or omissions. An act or omission (conduct) may be wrongful against society, in this case the conduct is known as a crime. On the other hand, the wrongful conduct may not affect (впливати) society as a whole (в цілому) but only one or some individuals. In such cases the wrongful conduct is known as a tort (громадське правопорушення). Of course, many are both crimes and torts. For example, an assault and battery (напад з побоями) is a tort against a victim and is also a wrong (правопорушення) against society because of the society’s interest in maintaining (підтримувати) law and order.

Because a crime is a public wrong against society, criminal actions are prosecuted by a government on behalf of the people. Historically, upon conviction (засудження) of a crime one of the following punishments has been imposed by the society: 1) death; 2) imprisonment (ув’язнення); 3) fine; 4) removal from office; 5) disqualification (позбавлення права) to hold any office or vote.

Among the purposes of punishment and of criminal law are the protection of the public and the deterrence [di'terəns] (запобігання) of crime. Punishment is also imposed for the sake of (заради) the isolation and suppression of the criminal element of society. Crimes are traditionally classified as treason (зрада), felonies (тяжкий злочин) and misdemeanours (адміністративний проступок). Treason against the USA consists of levying (розпочинати) war against it, or adhering [əd'hiə] (приєднання) to its enemies, giving them aid (допомога) and comfort.

Felonies are offences which include all crimes punishable by incarceration [in'ka:sərei∫n] (ув’язнення) in a penitentiary [,peni'ten∫əri] (в’язниця). Examples are murder, grand larceny (крадіжка у великих розмірах), arson (підпал) and rape. Crimes of lesser importance than felonies such as petty larceny (дрібна крадіжка), trespass (зловживання) and disorderly conduct are called misdemeanours. Misdemeanours are usually defined as any crimes not punishable by imprisonment but punishable by fine or confinement (ув’язнення) in the local jail.

Violation (порушення) of traffic ordinances and similar (подібний) ones for which prosecution takes place before a city magistrate (суддя) are sometimes termed (називати) petty offences or public tort instead of being classified as crimes. The distinction is insignificant because whether they are called crimes or public torts, the result is the same: the party charged may be fined or put in jail or both.

22. Нотаріальні органи України. основні функції.

The task of notary bodies in Ukraine is the promotion of legality, protection of state and personal property, rights and lawful interests of citizens, enterprises (підприємства) and public organizations by attesting contracts and performing (виконувати) other notary actions provided for by the law.

The notary system of Ukraine consists of the subjects possessing (володіти) the right to perform notary activity. There are public and private notaries, officials of executive committees in the local councils (the chairman, the secretary or a member of the executive committee).

The public notaries have the broadest (найширший) competence in Ukraine. All notary activity is divided (поділятися) into 4 groups:

1) notary activity directed at certifying indisputable right,

2) notary activity directed at certifying indisputable fact,

3) notary activity directed at certifying documents,

4) protective notary activity.

A citizen of Ukraine, who has higher legal education and at least three years of work experience, has passed the qualification exa­mination and received notary's certificate, can hold the post of a notary. Notaries help to prevent (запобігати) various (різноманітний) civil offences (злочин) and disputes on rights. They attest contracts, transactions, wills (заповіти), deeds (документи) and writings, officially register hereditary rights etc.

Notary offices help applicants to make wills, to draw up deeds of purchase-and-sale or conveyance of property. They verify copies of documents, certify seals (печатки), signatures (підписи), gifts, translations of documents into Ukrainian and foreign languages etc.

23 Огляд місця злочину. Основні стадії огляду місця злочину.