Text 1 judiciary in Ukraine

UNIT 2 JUDICIAL SYSTEM AND LAW ENFORCEMENT BODIES IN UKRAINE

A) the accused b) was established c) humanity d) individuals e) jurisdiction

The International Court of Justice is … of the UNO

a) tax body

b) principal judicial organ

c) legislative body

3. The judges are elected on the basis of …

a) qualifications

b) education

c) ownership

4. No two judges can be nationals of …

a) member state

b) sovereign state

c) the same state

5. The European Court of Human Rights is composed of twenty-one …

a) hereditary lords

b) ministers

c) judges

Exercise 7.4 Make up word-combinations using the words from two groups:

1) essential	a) trial
2) a fair	b) legal systems
3) convention	c) aid
4) the principal	d) rights
5) legal	e) in force

Exercise 7.5 Decide whether the statements are true or false (T/F)

1. Primary responsibility to investigate and punish crimes is reserved to individual states.

2. The official seat of the Court is in Kyiv.

3. The Court functions in accordance with the provisions of the Statute.

4. A state which is not a member of the United Nations can not refer cases to the Court.

5. The Court consists of fifty judges

Exercise 7.6 Fill in the gaps and translate in a written form:

The International Criminal Court 1 … in 2002 as a permanent tribunal to prosecute 2 … for genocide, crimes against 3 …, war crimes, and the crime of aggression, although it cannot currently exercise 4 … over the crime of aggression.

The Court can generally exercise jurisdiction only in cases where 5 … is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council.

Exercise 1.1 Study the vocabulary:

1) requirements	1) вимоги
2) experience	2) досвід
3) bribe	3) хабар
4) pressure	4) тиск
5) severity	5) складність
6) judicial review	6) судовий перегляд
7) bribe	7) хабар
8) to be incarcerated	8) бути ув’язненим
9) trial	9) судовий процес
10) “rotten to core”	10) наскрізь зіпсований
11) to be in smb’s line	11) бути в компетенції
12) suspect	12) підозрюваний

Exercise 1.2 Read and translate the text:

The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine. Before this there was neither notion of judicial review nor any Supreme Court since 1991's Ukrainian independence.

Although judicial independence exists in principle, in practice there is little separation of juridical and political powers. Judges are subjected to pressure by political and business interest. Ukraine's court system is widely regarded as corrupt. A Ukrainian Justice Ministry 2009 survey revealed that only 10 percent of respondents trusted the nation’s court system. Less than 30 percent believed that it was still possible to get a fair trial. Ukrainian politicians and analyst have described the system of justice in Ukraine as "rotten to the core" and have complained about political pressure put on judges and corruption. Ukrainian judges have been arrested while taking bribe.

Court judges maintained a 99.5 percent conviction rate from 2005 till 2008, equal to the conviction rate of the Soviet Union. Suspects are often incarcerated for long periods before trial.

The court system, until 2001, remained similar to that which existed under the former Soviet regime. In July 2001, a series of laws was passed designed to bring existing legislation regarding the judiciary and the administration of justice more in line with the requirements for an independent judiciary. The three levels of courts are rayon (also known as regional or people's courts), oblast (provincial) courts, and the Supreme Court. All three levels serve as courts of first instance, the choice of level varying with the severity of the crime. A case heard in first instance at the rayon level can be appealed through the next two higher stages. A case heard in first instance in the Supreme Court is not subject to appeal or review. A 1992 law added a Constitutional Court to the existing system. The Constitutional Court consists of 18 members appointed for 9-year terms. It is the final interpreter of legislation and the constitution, and it determines the constitutionality of legislation, presidential edicts, cabinet acts, and acts of the Crimean autonomous republic.

The Rada (Supreme Council) selects judges on recommendation from the Ministry of Justice based partly upon government test results. Oblast and Supreme Court judges must have five years of experience in order to be appointed and may not be members of political parties.

The constitution, adopted in 1996, provides that the judiciary is funded separately from the Ministry of Justice to ensure an independent judiciary. Because the courts are funded by the Ministry of Justice, however, they have been subject to executive influence, and have suffered from corruption and inefficiency.

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