Application of Analogy of Legislation

In the absence of a law provision regulating similar relations, the law-enforcer eliminates a gap in a law in accordance with general principles and the meaning of the legislation.

Analogy of law and analogy of legislation take place in the Russian civil law-enforcement practice, but are prohibited in the administrative and criminal laws.

Vocabulary

ascertainv выяснять; устанавливать; определять

compliance n выполнение, соблюдение (правовых норм)

embodiment n воплощение, олицетворение; embody v воплощать; содержать

gap n пробел

implementation n выполнение, осуществление

provision n условие, положение (договора, закона)

social benefitn пособие по социальному страхованию

solely [‘səulli] adv исключительно, только

substantiate vобосновывать

welfare paymentn выплата пособия

Text B

Application of Law Enforcement

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.

Ignorance of the law is almost never a defence for breaking it. Governments usually expect citizens to be aware of the laws which affect their lives. Sometimes this seems very harsh, for example, when the law is very technical. However, there are many laws, such as those prohibiting theft, assault and dangerous driving, which simply reflect social and moral attitudes to everyday behaviour. In such cases a person knows he is breaking the law, even if he doesn’t know exactly which law it is.

The state combats crime through the courts, 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 the 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, for instance, commences the preliminary investigation: he inspects the scene of the crime, summons and questions witnesses, detains suspects. 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. To fulfil these functions properly the Internal Affairs bodies compose several departments. The Criminal Detection Department is to detect the criminal, that is to locate and arrest him (her). The Criminal Investigation Department collects evidence to prove the guilt or innocence of a suspect. The Economic Crimes Department reveals the economic offences. The mission of the State Inspection of Road Traffic Security is to regulate safety in the roads. The Juvenile Inspection is responsible for prevention of juvenile delinquency.

Vocabulary

challenge n стремление

combat crime v бороться с преступностью

commence v начинать

commit a crime v совершить преступление

Criminal Investigation Department n уголовный розыск

detain a suspectv задержать подозреваемого

deter v сдерживать; удерживать от совершения чего-либо

discover v находить

impose a penaltyv налагать наказание

investigator n следователь

in virtue of lawв силу закона

maintain law and orderподдерживать правопорядок

militia [mı' lı∫ə] n милиция

obey the lawv следовать закону, подчиняться закону

offence n правонарушение, преступление

offender n правонарушитель

perform actsv проводить действия

pose v создавать (проблему); представлять

preliminary n предварительное следствие

the Prosecutor’s Officen прокуратура

prohibit v запрещать

summon v вызывать

state security bodiesорганы госбезопасности

Reading tasks

Answer these questions.

1What does implementation of law provisions mean?

2 What is the peculiarity of law enforcement?

3What are the major requirements to law enforcement acts?

4Why can’t law enforcement acts be sources of law?

5How is law enforcement executed?

6What are the main stages of law enforcement?

7How do you understand ‘a gap in a law’?

8What can be done when a gap in a law is discovered?

9Through what bodies does the state combat crime?

10What acts must these bodies perform?

11What does the investigator do after receiving information that a crime has

been committed?

12What functions does the militia have to perform in the law-enforcement

process?

13Is ignorance of the law a defence for breaking it? Give reasons for it.

14What are the ways of making sure that citizens obey the law?

Language focus

Complete the sentences using a gerund or an infinitive in brackets.

The Interior Minister hopes 1) _____ (to put / putting) an end to the eternal rivalry of Russian law-enforcement agencies, but these forces are somewhat sceptical to his good will. “It is expedient 2) _____ (to vest / vesting) coordination of the operational activities of law – enforcement agencies in the sphere of 3) _____ (to fight / fighting) organized crime to me by a presidential decree”, the Interior Minister wrote in a classified letter to the Russian President.

1I persuaded my client _____ (to present / presenting) the tape as evidence.

2They were excited about _____ (to hear / hearting) the President.

3Supervision on _____ (to observe / observing) the laws is carried out by the

Office of the Prosecutor General.

4She denied _____ (to steal / stealing) the money.

5Our neighbour threatened _____ (to call / calling) the police if we didn’t stop

the noise.

6The customs officer ordered him _____ (to open / opening) the case.

Vocabulary tasks

AWho performs the following actions? Choose the necessary words from the box.

the militia citizens government 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 of 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.

BFinish the sentences using the words in brackets.

1The Supreme Court examines more serious _____ . (crimes, article, case, clause, murder).

2After receiving the information that a crime has been committed, the investigator commences the preliminary _____ . (questioning, seizure, investigation, punishment, sentence).

3The militia safeguards _____ . (a criminal, an offender, the interests of citizens, an assessor).

4 The challenge of the militia has always been to protect _____ , to maintain _____. (state and personal property, criminals, offenders, public law and order).

CComplete the following sentences by translating the words and expressions in

brackets.

1The (следователь) commences the preliminary investigations.

2The investigator summons and questions (свидетелей).

3The (уголовный розыск) collects evidence to prove the guilt or innocence of a

suspect.

4Criminal (процесс) is investigation of criminal cases by investigating bodies.

5Dangerous antisocial act directed against social and state system is a

(преступление).

6The courts, the Prosecutor's Office, investigators, state security bodies, the militia are (органы расследования).

DWhich law-enforcement body deals with:

1preliminary investigation?