Page 11 - 6206
P. 11

Administrative law is the area of law that regulates the operation of the various levels of government
                and the way in which persons and legal entities can appeal decisions of the government. The main code of
                Ukrainian  administrative  law  is  Th  eAdministrative  Code  of  Ukraine.  International  law  involves  the
                application of international laws (mostly laid down in treaties) in Ukraine. International agreements, ratified
                by the Parliament of Ukraine, are a part of Ukrainian legislation. The Constitution of Ukraine allows the
                direct application of most international laws in Ukrainian courts. If an international agreement of Ukraine
                prescribes rules other than those set by the Law of Ukraine, the rules of that international agreement shall
                apply. Laws regulating jurisdiction with an international aspect (e.g. because parties come from different
                countries) are not part of international law but form a specific branch of civil law.
                     On September 2005, the Law of Ukraine On Private International Law was enacted. The Law sets the
                procedure for the regulation of private legal relations which are subject to other legal systems in addition to
                that of Ukraine.
                     Commercial  law: The Commercial Code of Ukraine describes the  details  of  compliance  with the
                Constitution  of  Ukraine  clauses  for  commercial  activity.  The  Code  regulates  the  fundamentals  of
                commercial activity, including business entities, property basis, responsibility for violations, peculiarities of
                legal regulation, and foreign commerce.

                Task 3. Topics for discussion.
                     1. Give the definition of law and speak on the main functions of law.
                     2. The main ways to classify the law.
                     3. The difference between substantive law and procedural law.
                     4. The distinction between criminal and civil law.
                     5. Dwell on the main subdivisions of civil law.
                     6. Compare the classification of law in Ukraine and Great Britain.

                Task 4. Read the text and speak on the main differences between Civil and Criminal Law in the USA.
                Check the meaning of the words in bold.

                                     Differences between Civil and Criminal Law in the USA
                     Criminal  law  is  much better  known to  laymen than  civil  law, as a result  of  journalists' reports  of
                famous criminal trials. People often misapply principles from criminal law to situations in civil (e.g., tort)
                law, which results in their misunderstanding. That’s why it is necessary to compare and contrast criminal
                and civil law.
                     In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes
                the  plaintiff.  In  criminal  law,  the  litigation  is  always  filed  by  the  government,  who  is  called  the
                prosecution.
                     Punishment
                     One  of  the  most  fundamental  distinctions  between  civil  and  criminal  law  is  in  the  notion  of
                punishment.
                     In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2)
                fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty.
                Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one
                year incarceration; misdemeanors have a maximum possible sentence of less than one year incarceration.
                     In contrast, a defendant in civil litigation is never incarcerated and  never executed. In general, a
                losing  defendant  in  civil  litigation  only  reimburses  the  plaintiff  for  losses  caused  by  the  defendant's
                behavior.
                     Effect of punishment
                     The notion that the threat of punishment will deter criminal conduct is based on the principle that
                human beings are rational. In practice, criminals are either impulsive (i.e., not rational) or believe that they
                will not be caught by the police. Therefore, the threat of punishment does not deter criminal conduct, as one
                is reminded every day by reading reports of journalists.
                     Legal theory considers the possibility of loss of freedom (i.e., incarceration) as much  more serious
                than  merely  paying  damages  to  an  injured  plaintiff.  As  a  result  of  this  high  value  placed  on  personal
                freedom,  legal  dogma  is  that  criminal  litigation  is  more  serious  than  civil  litigation;  therefore  criminal
                defendants have more rights and protections than civil defendants. The economic reality is that most people
                would prefer to spend, for example, one year in prison, than pay a million dollars from their personal assets.
                                              7
   6   7   8   9   10   11   12   13   14   15   16