style="font-size:15px;"> The main aim of law is to consolidate and safeguard the social and state system and its economic foundation. The system of law in our country consists of different branches of law.
Constitutional law is а leading branch of the whole system of law. It's principal source is the country's Constitution. It deals with social structure, the state system, organization of state power and the legal status of citizens.
Administrative law is closely connected with constitutional law but it deals with the legal forms of concrete executive and administrative activity of a government and ministries.
Financia1 law regulates the budget, taxation, state credits and other spheres of financial activity.
Civil law is connected with relations in the economic sphere of social life, with relations involving property, its distribution and exchange. The right in property is the central institution of civil law.
The rules of labour law include the legislation on the labour of industrial and office workers and regulate matters arising from labour relations.
Criminal law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals.
Criminal law takes the form of a criminal code consisting of a general and special part.
Text D. Criminal Law
Criminal Law is to provide for the Russian social and state system, personal property and the personal rights of citizens against criminal encroachments.
Criminal Law defines the acts which are socially dangerous and mustbe regarded as crimes. It lays down the penalties that should be applied to persons committing these crimes. Here are some leading principles of Russia Criminal Law:
1 A person may be charged with criminal responsibility only when he has committed an act specially provided for in Criminal Law.
2 Responsibility can exist only in the presence of guilt.
3 Criminal punishment shall be applied only by sentence of the court.
4 Persons committing crimes in a state of intoxication are not released from criminal responsibility.
5 The death sentence may be passed as an exceptional penalty in cases specifically enumerated in law.
Text E. The Russian Court and the Procurator’s Office
The Russian Court is an organ of state that administers justice on the basis of the laws of the Russian State.
The basic Russian judicial organ is the district People's Court which consists of a judge and two people's assessors having the rights of a judge when the court is in session.
The district People's Court hears the majority of the cases. More important cases such as the crimes against the state are determined by the regional court or a court of equal standing.
The Supreme Court of Russia is the highest judicial organ of the Russia State. It is charged to supervise the work of all judicial organs.
The Procurator's Office is established to exercise supervisory power over the strict observance and application of the law by all organizations, officials as well as by all citizens of the country.
Other duties of the Procurator's Office are to investigate criminal cases, collect evidence against the criminals and see to it that other investigating bodies act according to the law.
So it may be said that the Procurator's Office, like all the Russian courts, protects legality, law and order.
Text F. Stages of Criminal Activity
As a rule, premeditated criminal activity consists of several stages: preparation, attempt and commission.
Preparation of a crime is the search for an adaptation of means or instruments, or any other premeditated creation of combinations for the commission of a crime. Preparation of a crime is generally a punishable offence. But in determining the penalty, the court must take into consideration the extent of. the danger to society involved in the preparations, the degree to which the criminal intent has been put into effect, and the causes that prevented the full commission of the crime. In cases where the person plotting a crime has not gone beyond the preparation the court usually imposes a milder penalty or none at all. An attempt is a premeditated act directly aimed at the commission of a crime but not completed for reasons not depending on the will of the guilty person.
An attempt is a punishable offense. But in determining the penalty the court must also take into consideration the character, the degree of the danger to society involved in the act committed by the guilty person, the degree to which the criminal intent has been put into effect, and the causes that prevent the full commission of the crime.
A crime is considered as committed when the guilty person has performed the act containing the corpus delicti of crime.
Desisting from completion of a crime is possible in the stages of preparation and attempt when a person having the possibility, of completing the crime, of his own free will abandons his criminal intent before its completion. He is then responsible only in the act performed by him contains the corpus delicti of another crime.
2.1.4.5 Задание 3. Ответьте на вопросы по текстам А, В, С, D, E, F
1 What does the Procurator’s office ensure?
2 What right has the procurator?
3 What kind of cases does a court of first instance examine?
4 Who are the participants in the trial?
5 What is the highest judicial organ in our country?
6 What is the main aim of Law?
7 What branches of Law in the Law System of our country do you know?
8 What does the Financial Law regulate?
9 How do the graduates administer justice?
10 What acts does Criminal Law define?
11 What leading principles of Russian Criminal Law do you know?
12 What is the Russian Court?
13 What is the basic Russian judicial organ?
14 What is the highest judicial organ?
15 What is the Procurator’s Office established for?
16 What stages does the criminal activity consist of?
17 What does an attempt mean?
18 What must the court take in to consideration?
19 When is a crime considered as committed?
2.2 Тексты II семестра
2.2.1 Тексты для студентов специальности «Юриспруденция»
2.2.1.1 Задание 1. Прочитайте и запомните следующие слова и словосочетания:
