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substantive – самостоятельный, независимый to settle - решать
property ownership – частная собственность, право собственности obligation – необходимость, долженствование
sue – преследовать судебным порядком statute – законодательный акт, статут breach – нарушение закона, обязательства conduct - проводить
trial –судебное разбирательство
constitute procedural law – вводить в силу, издавать процедурное право bind - обязывать
lawsuit – судебный процесс, тяжба
Every country has its own historically developing system of norms, legal institutions and branches of law, which regulates different types of social relations. In order to understand different aspects of a system of law it is necessary to look at various classifications of law. Numerous classifications that vary from country to country usually reflect the peculiarities of different system of law. Nevertheless there are the most common divisions singled out by contemporary jurists. Thus law is frequently classified into public and private and substantive and procedural.
The distinction is often made between public and private law. Public law deals with matters that affect society as a whole. It includes areas of the law that are known as criminal, constitutional and administrative law. These are the laws that deal with the relationship between the individual and the state, or among jurisdictions. For example, if someone breaks a criminal law, it is regarded as a wrong against society as a whole, and the state takes steps to prosecute the offender.
Private law, on the other hand, deals with the relationships between individuals in society and is used primarily to settle private disputes. Private law deals with such matters as contracts, property ownership, the rights and obligation
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of family members, and damage to one’s person or property caused by others. When one individual sues another over some private dispute, this is a matter for private law. Private suits are also called “civil” suits.
The next classification which is widely used is subdivision of law into substantive and procedural. There are many laws and legal rules found in statutes, cases decided by courts (legal precedents) and other sources that are applied by courts in order to decide lawsuits. These rules and principles of law are classified as substantive law.
On the other hand, the legal procedures that provide how lawsuit is begun, how the trial is conducted, how appeals are filed, and how a judgment is enforced are called procedural law. In other words, substantive law is the part of the law that defines rights, and procedural law establishes the procedures which enforce and protect these rights. For example, two parties into a contract, but then one the parties breached this contract. The rules of bringing the breaching party into court and the conduct of the trial are rather mechanical and constitute procedural law. Whether the agreement was enforceable and whether the other party is entitle to damages are matters of substance and will be determined on the basis of the substantive law of contract.
The jurists of all countries admit that it is necessary to differentiate between international law and national law. The latter is also called domestic law or municipal law. The latter is also called domestic law or municipal law. Domestic law is the law which is applicable within the boundaries of one state. International law is the body of legal rules that regulate relations between sovereign states. It is a special system which is not a part of the national law of the state. There are some important differences between international law and domestic law. Domestic laws are passed by legislative bodies, most of which have popular political support. International laws, on the other hand, are created by agreements between governments of different states. As a result, they don’t have the support from individual citizens. Enforcement of international laws is also different. Many international agreements or treaties are not binding; even when nations agree to be
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bound, it is unclear how obligations to be enforced. Countries differ greatly with regard to the importance attached to international obligations superior to their domestic laws, but in most cases international obligation are considered as a part of national law.
Comprehension questions
1.Are the systems of law common and universal in various countries?
2.What do you think about the superiority of international obligations and domestic laws?
3.What areas of the law does Public law deal with?
4.Why don’t international laws have the support from individual citizens?
5.Where is domestic law applicable?
Text 2 Kinds of Law
to owe - быть должным
to charge with a crime – обвинить в преступлении require - требовать
felony – уголовное преступление misdemeanor – судебно наказуемый проступок penalty (for) - наказание
to award - возместить assault - нападение
personal / real estate - движимое / недвижимое имущество insurance - страховка
to suffer - страдать
recovery of damages – возмещение убытков to make amends – вносить поправки
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Laws fall into major groups: criminal and civil. Criminal laws regulate public conduct and set out duties owed to society. A criminal case is legal action by the government against a person charged with committing a crime. Criminal laws have penalties requiring that offenders to be imprisoned, fined, placed under supervision, or punished is some other way. Criminal offenses are divided into felonies and misdemeanors. The maximum penalty for a felony is a term of more than one year in prison. For a misdemeanor the penalty is a prison term of one year or less.
Civil laws regulate relations between individuals or groups of individuals. A civil action (lawsuit) can be brought when one person feels wronged or injured by another person. Courts may award the injured person money for his or her loss, or it may order the person who committed the wrong to make amends in some other way. An example of a civil action is a lawsuit for recovery of damages suffered in an automobile accident. Civil laws regulate many everyday situations such as marriage, divorce, contacts, real estate, insurance, consumer protections, and negligence.
Sometimes one action can violate both civil and criminal law. For example, if Joe beats up Bob, he may have to pay Bob’s medical bills under civil law and may be charged with the crime of assault under criminal law.
Comprehension questions
1.What kinds of penalties do Criminal laws have?
2.What is a legal action by the government against a person charged with committing a crime?
3.When can a civil action (lawsuit) be brought?
4.What everyday situations do civil laws regulate?
5.What branches are the criminal offenses divided into?
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Text 3 Law System of Russian Federation
substantive law – самостоятельное право
peculiarity – особенность
composite – сложный, составной
The system of law in the Russia Federation is presented by norms, institutions and branches of law which together make a single unity. The system reflects social relations regulated by specific norms and institutions of law. Branches of law are supposed to be one of the basic units in the whole system of law. Each branch has its own peculiarities, which differentiate this very branch from the others, its subject and method and its own place in the system. For years Russian jurists have made attempts to classify branches of law. Thus as well as in most other countries law in Russia is divided into public and private, substantive and procedural, domestic and international. But there is one more classification which is based on certain characteristics of Russian law. Traditionally Russian lawyers single out fundamental, specialized and composite or complex branches of law.
Fundamental branches regulate the most general and important relations in different spheres of social life. This category involves branches of substantive law such as civil law, criminal law, administrative law, as well as procedural law including civil, criminal and administrative procedural law. Constitutional law doesn’t belong to the group of fundamental branches. It is traditionally considered to have the leading position among other branches, as the norms of constitutional law serve the basis for the norms of other branches. Constitutional law in Russia concerns the structure of legislative, executive and judicial power and principles of their work; the political system of the country; its federative structure; forms of property; electoral system; legal status of citizens including their right, duties and liberties. The main source of constitutional law is the Constitution of the Russian Federation.
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