- •Утверждено и рекомендовано решением
- •В качестве учебного пособия
- •Chapter I law Unit 1 Introduction to Law
- •Introduction to Law
- •Vocabulary
- •Vocabulary tasks
- •The Aims of Law
- •In trouble with the law law-abiding my word is law
- •Unit 2 What Law Is
- •What Is Law?
- •Social Morality, Rules and Laws
- •Vocabulary
- •Chapter II sources of law Unit 3 Sources of English Law
- •Sources of English Law
- •The Principal Sources
- •Legislation
- •Judicial precedent
- •The Subsidiary Sources
- •Customs
- •Books of authority
- •Vocabulary
- •Unit 4 Sources of Modern Law
- •Text a Historical and Political Background
- •Text b Common Law Systems
- •Vocabulary
- •Vocabulary tasks
- •Text d Sources of American Law
- •Vocabulary
- •Text e Continental Systems
- •For You to Remember
- •Vocabulary
- •Chapter III constitutions Unit 5 The History of Constitution
- •Vocabulary
- •Unit 6 British Constitution
- •The Nature of the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Unit 7 us Constitution
- •Founding of the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 8 The Constitution of the Russian Federation
- •The New Russian Constitution
- •Amendments to the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Chapter IV the system of government Unit 9 The British Government of Today
- •Text a The Governmental Model
- •Vocabulary
- •Vocabulary tasks
- •Text b The British Parliament
- •Vocabulary
- •The System of Government
- •Stages of a Government Bill
- •The House of Commons
- •The House of Lords
- •Making New Law
- •Text d The Prime Minister and the Cabinet
- •Vocabulary
- •Unit 10 The American Government of Today
- •System of Government in the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 11 The System of Checks and Balances
- •Vocabulary
- •Vocabulary tasks
- •Checks and Balances
- •Unit 12 Law-making Process in the usa
- •Text a The Concept of Bicameral Legislature
- •Vocabulary
- •Federalism
- •State and Local Government
- •Three Branches of Government
- •Unit 13 The State System of Russia. The Parliament of the Russian Federation
- •Text a The State System of Russia
- •Vocabulary
- •Text b The Parliament of the Russian Federation
- •Vocabulary
- •Chapter V law enforcement Unit 14 Law Enforcement Bodies
- •Text a Role of Government
- •Text b Role of Police Force
- •Vocabulary
- •Vocabulary tasks
- •Unit 15 Enforcing the Law in Britain
- •Text a The English Legal System
- •Vocabulary
- •Text b The British Police
- •Vocabulary
- •Vocabulary tasks
- •Identify showing murder investigation found dead
- •Unit 16 Law Enforcement in the usa
- •Text a Protecting the Rights of the Accused
- •Text b Police Technology in the usa
- •Vocabulary
- •Vocabulary tasks
- •Federal Bureau of Investigation
- •Vocabulary
- •Vocabulary tasks
- •Unit 17 Law Enforcement in the Russian Federation
- •Text a Law Enforcement of Today
- •Vocabulary
- •Text b Application of Law Enforcement
- •Vocabulary
- •Vocabulary tasks
- •Chapter VI the courts Unit 18 The Court System of the uk
- •Text a Judicial Institutions
- •Text b Classification of the English Courts
- •Text c The Hierarchy of the Courts
- •Restrictions
- •Vocabulary
- •It is useful to know
- •For you to know
- •Vocabulary tasks
- •Text d Courts of England and Wales
- •Judicial organization
- •Unit 19 The u.S. Court System
- •Text a Understanding the u.S. Court System
- •State Courts
- •A Typical State Judicial System
- •Federal Courts
- •Text b Jurisdictions of the Federal and State Court Systems
- •The Federal Judicial System
- •9 Justices
- •12 Circuits
- •Vocabulary
- •Vocabulary tasks
- •Text c The Miranda Warning
- •Vocabulary
- •Unit 20 The Court System of the Russian Federation
- •The Court Structure
- •Vocabulary
- •Vocabulary tasks
- •Text b Jurisdiction of Courts
- •The Constitutional Court
- •Jurisdiction of the Courts of General Jurisdiction
- •The Supreme Court of the Russian Federation
- •Vocabulary
- •Vocabulary tasks
- •Text c The Courts of the Subjects of the Russian Federation
- •Text d The Arbitrazh Court of the Russian Federation.
- •Jurisdiction of the Federal Arbitrazh Circuit Court as the Court of the First Instance
- •Vocabulary
- •Vocabulary tasks
- •Opening remarks at Meeting with the Judges of the Russian Court
- •Contents
- •Legal English - 1
Unit 17 Law Enforcement in the Russian Federation
Before you read
Discuss these questions.
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What are the aims of the law concerned with?
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What does the law forbid?
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What state bodies are responsible for preventing any violations of law?
Text a Law Enforcement of Today
Usefulness and necessity of law reveal themselves solely in the course of implementation of law, its embodiment. Implementation of law provisions is practical execution of instructions included in those provisions, when a rule, displayed in a law provision in general form, is embodied in people’s deeds.
A special form of law realization is its enforcement. A peculiarity of the given form is that it is executed by the competent bodies and is aimed at a restricted number of persons or one person. An act of law enforcement is an individual act of an authorized body of power that is based on norms and determines particular rights, duties or liability. Non-observance of such acts is punished.
Major requirements to such acts are as following:
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Strict compliance with legal provisions
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An act must be issued within the limits of powers of the law enforcement body or an official
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An act must be substantiated
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An act must have all the; required characteristics of an official document.
Law enforcement acts are not sources of law since they do not contain any general rules of conduct but ensure the application of certain law provisions with respect to a particular case or person. Unlike normative legal acts, acts of law enforcement are supposed to be applied once only.
The law enforcement is required in different cases, when implementation of the law is impossible without the interference of the state, its bodies or officials, such as:
• Relations in the sphere of the state management (e.g. appointment of a Federal Minister)
• Relations in the area of distribution of social benefits (e.g. pensions or state welfare payments)
• Relations arising in solving law disputes (e.g. the court decision)
• Relations arising under judicial prosecuting, imposing and executing the punishment (e.g. the ruling of the criminal investigator to initiate a criminal case).
Stages of Law Enforcement
Law enforcement is executed in a strictly set procedure and in a defined order. Main stages of law enforcement are as follows:
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Ascertaining the actual circumstances of the case
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Investigating and qualifying the actual circumstances (choosing the required law provision and interpreting it)
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Ruling on the case.
A Gap in a Law
A law-enforcement process is also executed in case of a gap in a law. A gap in a law is the absence of a necessary provision regulating public relations that are to be regulated by law.
In case a gap in a law is discovered, it is liquidated by the means of:
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Adoption of a missing law provision by the competent bodies
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Eliminating the gap in the law by the law-enforcer. Principal ways to eliminate the gap in the law are:
● ● Application of analogy of law
● ● Application of analogy of legislation.
Application of Analogy of Law
In this case a gap in a law is eliminated by application of a law provision, regulating similar relations (such law provision serves as a law basis for the court decision).
Application of Analogy of Legislation
In the absence of a law provision regulating similar relations, the law-enforcer eliminates a gap in a law in accordance with general principles and the meaning of the legislation.
Analogy of law and analogy of legislation take place in the Russian civil law-enforcement practice, but are prohibited in the administrative and criminal laws.