The State System and Judiciary of Ukraine

Ukraine is a sovereign and independent, democratic, social, law-based state. It is a republic. Human rights and freedoms and their guarantees determine the essence and orientation of the activity of the State. There is single citizenship in Ukraine. The principle of the rule of law is recognised and effective in our country.

The Autonomous Republic of Crimea is an inseparable constituent part of Ukraine. It deals with the issues ascribed to its competence within the limits of authority determined by the Constitution of Ukraine.

The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and shall conform to it.

The norms of the Constitution of Ukraine are norms of direct effect. Appeals to the court in defence of the constitutional rights and freedoms of the individual and citizen directly on the grounds of the Constitution of Ukraine are guaranteed.

The state language of Ukraine is the Ukrainian language. Its capital is Kyiv. The sole body of legislative power in Ukraine is the parliament — the Verkhovna Rada of Ukraine consisting of 450 National Deputies of Ukraine who are elected for a four-year term on the basis of universal, equal ad direct suffrage, by secret ballot.

The President of Ukraine is the Head of State and acts in its name. He is the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observance of the Constitution of Ukraine and human and citizen's rights and freedoms. The President of Ukraine is elected by citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot.

The Cabinet of Ministers of Ukraine is the highest body in the system of bodies of the executive power. It ensures the state sovereignty and economic independence of Ukraine, the implementation of domestic and foreign policy of the State, the execution of the Constitution and the laws of Ukraine, and the acts of the President of Ukraine.

Justice in Ukraine is administered exclusively by the courts. Judicial proceedings are performed by the Constitutional Court of Ukraine and courts of general jurisdiction. In Ukraine, the system of courts of general jurisdiction is formed in accordance with the territorial principle and the principle of specialization. The Supreme Court of Ukraine is the highest judicial body in the system of courts of general jurisdiction. The respective high courts are the highest judicial bodies of specialized courts. Courts of appeal and local courts operate in accordance with the law. The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine.

Please, answer the following questions on the text:

What kind of state is Ukraine?

What principle is recognized and effective in our country?

What is the highest legal force in Ukraine?

What basis are laws and other normative legal acts adopted in our country on?

Are the norms of the Constitution of Ukraine norms of direct-effect?

How can individuals and citizens of Ukraine defend their constitutional rights and freedoms?

What language is the state language of Ukraine?

What bodies administer justice in Ukraine?

What do you know about the judicial system of Ukraine?

What kind of issues can the Autonomous Republic of Crimea deal with?

The Legislative System of Great Britain

Vocabulary

Legislation	Þ законодавство
Bill of Rights	Þ Білль про правa
Habeas Corpus Act	Þ закон про конституційні гарантії недоторканості особи
date back to	Þ розпочати своє існування від
statute	Þ статут, законодавчий акт
case law	Þ прецедентне право
Royal Сharter	Þ Королівська грамота
reign	Þ правління (королівське)
King in Council	Þ "Король у Раді", - виконавча влада у Великій Британії
noble(s)	Þ дворянство
King in Parliament	Þ “Король у парламенті”, законодавча влада у Великій Британії
Magna Charta	Þ Велика хартія вільностей (державний акт 1215 р., що обмежив королівську владу і затвердив права дворянства)
judicature/ judicial system	Þ юрисдикція, система судових органів, судочинство
guarantee	Þ гарантія
the Lord Chancellor	Þ лорд-канцлер, спікер палати лордів, голова Верховного суду
Judicial Committee of the Privy Council	Þ судовий комітет Таємної Ради
justice of the peace	Þ мировий суддя
circuit judge	Þ окружний суддя
custodian	Þ хранитель
Great Seal	Þ Велика державна печатка
reading (of a bill)	Þ читання (білля у парламенті)

The Legislative System of Great Britain

Law and legislation date back to the days when primitive communal society, which had no need of the authority of law, gave way to the first class-based socio-economic formation, which found political expression in the slave-owning state.

In early times there were few statutes and the bulk of law was case law. The earliest Norman legislation was by means of Royal Charter, but the first great outburst of legislation came in the reign of Henry II (1154-1189). Legislation at this time was generally made by the King in Council, but sometimes by a King in Parliament, which consisted in the main of a meeting of nobles. In the fourteenth century parliamentary legislation became more general. The Tudor period saw the development of modern procedure, in particular, the practice of giving three readings to a bill. From the Tudor period onwards Parliament became more and more independent and the practice of law making by statute increased.

Great Britain is a parliamentary monarchy. Officially the head of the state is the Queen (or the King). However, the power of the Queen in Great Britain is not absolute, it is very symbolic and it is limited in various ways. the Queen acts only on the advice of the ministers and Parliament. There is no written constitution in Great Britain. The main principles of British legislation are expressed in the following documents: "Magna Charta", "Habeas Corpus Act", "Bills of Rights", the Parliamentary Act which decided the position of the House of Lords, etc.

The British legislation does not provide written guarantees of individual political rights.

But the Magna Charta is traditionally viewed as the charter of English liberties. It gained a new but historically inaccurate importance in the constitutional quarrels of the 17th century as a charter of English liberty. It would be wrong to say that the Magna Charta did not help to alter and develop the Parliamentary Government of Great Britain, but it came only several centuries later when the merchants and squires (landowners) joined in the House of Commons and became a parliamentary power.

Parliament in Great Britain has existed since 1265 and is the eldest in the world. It consists of two Houses — the House of Lords and the House of Commons. The Lord Chancellor is the Speaker of the House of Lords and the ultimate head of the judiciary. He is the chief judge in the country and controls the administration of the courts of law. He is also the Chairman of the judicial Committee of the Privy Council. He advises the Crown on the appointment of High Court judges and circuit judges. He is responsible for the appointment of the justices of the peace. He is the custodian of the Great Seal which represents the signature of the Crown.

Check yourself:

When did law and legislation appear in England?

When did the first great outburst of legislation come?

Who made the legislation at that time?

When did the parliamentary legislation appear?

What did the Tudor period see?

Who is officially the head of the government?

Is there a written constitution in Great Britain?

What documents express the main principles of British legislation?

What is Magna Charta?

The speaker of the House of Lords is the Lord Chancellor, isn’t he?

Who is the head of the "Judiciary"?

The Judicial System of the USA

Vocabulary

Conceive	Þ з'являтися, зароджуватися
liberty	Þ свобода
framework	Þ рамки, структура
guarantee	Þ гарантувати
branches of power	Þ гілки влади
judicial branch	Þ судова гілка
void	Þ недійсний
court of appeal	Þ апеляційний суд
federal district court	Þ федеральний суд першої інстанції, місцевий суд
for life	Þ на все життя
maritime law	Þ морське право
hear the case	Þ слухати справу
appellate proceeding(s)	Þ апеляційний судовий розгляд
county court	Þ суд графства, місцевий суд
local judge	Þ місцевий суддя
justice of the peace	Þ мировий суддя
court of final appeal	Þ кінцева апеляційна інстанція
claim	Þ скаржитися; скарга
party in the case	Þ сторона у судовій справі
minorities	Þ національні меншини
chief justice	Þ голова Верховного суду США
associate justice	Þ член Верховного суду США

Judicial System of the USA

The United States is a democracy. Abraham Lincoln, one of the best-loved and most respected of America's presidents, said that the United States had a government "of the people, by the people and for the people". He called the United States "a nation conceived in liberty and dedicated to the proposition that all men are created equal." The Constitution, laws and traditions of the Untied States give the people the right to determine who will be the leader of their nation, who will make the laws and what the laws will be.

The Constitution, written in 1787, established a government of three branches. One of these is the judicial branch, and the Supreme Court of the United States is the most powerful part of it.

The judicial branch of power in the USA is headed by the Supreme Court, which is the only court specifically created by the Constitution. In addition, the Congress has established 11 federal courts of appeal and below them, 91 federal district courts.

Federal judges are appointed for life or voluntary retirement, and can only be removed from office through the process of impeachment and trial in the Congress.

Federal courts have jurisdiction over cases arising out of the Constitution: laws and treaties of the United States, maritime cases, issues, involving foreign citizens or governments, and cases in which the federal government itself is a party. Ordinarily, federal courts do not hear cases arising out of the laws of individual states. Each state within the United States has established a system of courts, including a state supreme court, to deal with civil, criminal and appellate proceedings. There are also county and city courts. Even many of the smallest villages, those in which only a few hundred people live, have a local judge, called a "justice of the peace", who handles minor legal matters.

The Supreme Court consists of a chief justice and eight associate justices. The responsibility and power of these nine people are extraordinary. Supreme Court decisions can affect the lives of all Americans and can change society significantly. Supreme Court rulings can halt actions by American presidents, can declare unconstitutional and therefore void — laws passed by the Congress, can free people from prison and give new protection and freedom to black Americans and other minorities.

The Supreme Court is the court of final appeal. It may rule in cases in which someone claims that a lower court ruling on a federal law is unjust or in which someone claims there has been a violation of the United States Constitution, the nation's basic law.

Check yourself:

What did Abraham Lincoln say about the United States?

How did he call the United States?

Whom is the judicial branch headed by?

What courts has the Congress established?

What jurisdiction do federal courts have?

Whom does the Supreme Court consist of?

How can Supreme Court decisions affect the lives of all Americans?

What is the Supreme Court's jurisdiction?

Courts

Vocabulary

Hear	Þ слухати (справу)
enforce	Þ впроваджувати примусово у судовому порядку, забезпечувати судовою санк-цією
judiciary	Þ судовий, суд, судова влада
decide	Þ вирішувати
dispute	Þ суперечкa
violate	Þ порушувати (закони, угоди)
federal court	Þ федеральний суд
statute	Þ статут; закон, законодавчий акт
trial court	Þ суд першої інстанції
special court	Þ спеціальний суд
evasion	Þ ухилення
fraud	Þ шахрайство
municipal ordinance	Þ муніципальний закон (ордонанс, статут)
retrial	Þ новий судовий розгляд
court of appeal(s)	Þ апеляційний суд
attorney	Þ уповноважений, ам.: адвокат, повіре-ний; брит.:прокурор
lawyer	Þ юрист, адвокат
binding	Þ таке, що має зобов'язальну силу

Courts

A court is a tribunal established by government to hear and decide matters properly brought before it. Laws are of little use unless they are enforced. Much of the responsibility for law enforcement belongs to courts. The judiciary, or court system, is the branch of government charged with deciding disputes among parties through the application of laws. The judicial system operates on three levels: federal, state and local in the USA; in Ukraine there is the Supreme Court of Ukraine, high courts, courts of appeal and local courts. Administrative agencies also have some limited judicial functions, they act as a secondary judicial system, determining whether or not regulations have been violated.

Trial courts are general courts that hear cases not specifically assigned to another court. For example, a case involving a violation of contract terms would go before a trial court. The majority of cases, both criminal and civil, are heard by these courts. The trial courts are also known as district courts.

Special courts have specific types of cases such as tax evasion, fraud, international disputes, or claims against the government. Administrative (regulatory) agencies make judgements much like courts in their areas of jurisdiction. Administrative agencies (bureaus, commissions or boards) exist at all levels of government to decide a variety of cases. Technically they conduct hearing or inquiries rather than trials.

The court of appeals reconsiders the earlier verdicts and looks for possible errors of interpretation of the law by the lower courts. Cases not resolved to both parties' satisfaction at the appellate level can be appealed to the Supreme Court.

Do you know the following?

What is a court?

What levels does the judicial system operate on?

What functions do administrative agencies have?

What cases do trial courts hear?

What cases do special courts hear?

What do administrative agencies decide?

What happens if a party disagrees with a court decision?

What cases does court of appeals hear?

What cases can be appealed to the Supreme Court?

7. How a Bill Becomes a Law in the USA

Note: House = the House of Representatives

Answer these questions:

1. What main stages does a bill pass to become a law?

2. Does a bill become a law after both chambers of the US Congress approve a compromise?

3. Who signs the bill after which it becomes the law?

Дата добавления: 2015-10-29