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P. 10
There are four different classifications of law that are found around the world.
1. Substantive of laws vs. Procedures of laws – Substantive of law is the substance that
makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law
states that youcannot murder another human being unless it was in self defense, you were under duress, or if
you were drugged by another person. Unlike substantive of law, procedures of laws are just the steps that
must take place when filing a lawsuit against another party.
2. Public vs. Private Law – Public law simply means that the government is involved. Public
law is any law that has to do with the constitution and the public. This type of law normally involves a
criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private
laws are laws that do not involve the government, and are laws that allow one private entity to sue another
private entity in a civil lawsuit.
3. Criminal vs. Civil Law – Criminal law was created to protect the public from the
government or from themselves. Criminal laws were created so that the government could not prosecute
individuals without due process and so that the public could protect themselves from each other. Civil law
are cases where one or both parties are looking for compensation instead of jail time. Civil law covers
anything that criminal law does not cover in the court system.
4. Common vs. Civil law countries – Common law countries prosecute with the concept of
"Stare Decisis" meaning, let the decision stand. This means that these countries such as the United States of
America make decisions based on precedent. These countries are case law countries and look at how past
cases were decided and use that in the decision process when prosecuting. Unlike common law countries,
civil law countries do not rely on precedent but instead prosecute lawsuits on a case to case basis without
looking at how past cases had been decided.
Task 2. Read and translate the text. Write down the unknown words and words expressions. Put 10-
15 questions to the text. Discuss with your partner the main items of the text.
Ukrainian law is commonly divided in the following areas:
• Public law
• Private law
• International law
These areas of the legal system are further subdivided into:
• Civil law (including Family law, Inheritance law, Contract law and Commercial law, Law of
Obligations, Property law, Intellectual property law, Companies law, Land law, Tort law )
• Criminal law, Penal law
• Constitutional law (including laws on the structure of the state)
• Administrative law
• International law
Civil law regulates the everyday life of persons and other legal entities, such as corporations. The
main code of Ukrainian civil law is the Civil Code of Ukraine. It comprises provisions governing
ownership, intellectual property rights, contracts, torts, obligations, inheritance law, and the definition of
legal entities. The Code introduces new types of business contracts into the legal practice, including
factoring, franchising, rent service, and inherited contracts. Civil litigation is governed by The
Civil Procedural Code of Ukraine.
Criminal law deals with the prosecution and punishment of criminal offenses. The Criminal Code of
Ukraine contains the written criminal laws of Ukraine.
There is no capital punishment in Ukraine. The maximum criminal punishment is life imprisonment,
which can be reduced by decree of President of Ukraine to 25 years of imprisonment after 20 years of
sentence service. The Parliament of Ukraine has the power of amnesty for prisoners not serving life
sentences citation needed. Criminal proceedings, investigation, and court examination in criminal trials are
regulated by The
Criminal Procedural Code of Ukraine.
Constitutional law considers the constitution and the structure of Ukraine. It regulates the powers of
democratic institutions, the organization of elections and the divisions of powers between central and local
government. Only the Constitutional Court of Ukraine is allowed to determine the constitutionality of laws
created by the legislature.
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