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Билеты для сдачи кандидатского минимума по английскому языку аспирантам специальностей правовед, бухгалтер, экономист, философ

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: международное право; европейское право)


билет №1


Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

The need for enforcement

As the Court of Justice said in 1963, in the landmark case of Van Gend en Laos NederlandseAdministratiederBelastingen (case 26/62), the European Community

constitutes a new legal order in international law, for whose benefit the states have limited their sovereign rights ... and the subjects of which comprise not only the member states but also their nationals.

Whilst some may dispute the unique nature of this new legal order (see Wyatt, D., 'New Legal Order or Old?' (1982) 7 EL Rev 147) there is no doubt that the law stemming from the three EC treaties comprising the European Coal and Steel Community (ECSC) Treaty 1951, the Euratom Treaty 1957 and the European Economic Community (EEC) Treaty 1957, renamed the Economic Community (EC) by the Treaty on European Union 1992, differs from traditional international law in a number of important respects. First, the Treaties, particularly the EC Treaty, are much more extensive in their scope than most international agreements, embracing many areas of activity normally reserved to national law alone; secondly they created a strong framework of institutions, endowed with the power to make laws, binding on states and individuals, on all matters within their scope; and thirdly, and as a result of the first two factors, EC law is exceptional in the extent to which it penetrates domestic law, creating rights and obligations enforceable by and even against individuals before their national courts. These characteristics, taken together, have resulted in an immense and ever-growing body of Community law, existing alongside and often conflicting with domestic law, and enforceable, directly or indirectly, within domestic legal systems.

Because of its 'special' nature the enforcement of EC law raises particular problems for English lawyers. It requires a new approach to interpretation; the application of new techniques and principles; the modification of national actions taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks.

They shall abstain from, any measure which could jeopardise the attain­ment of the objectives of this Treaty.


Enforcing EC Law. Josephine Steiner. Blackstone Press Limited, 1995


Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes

Dear Mr. Minister:

It was a pleasure to meet you during our recent visit to Moscow. I was encouraged with the discussion and look forward to moving ahead to assist small- and medium-sized businesses in Russia.


Mr. Paul Tumminia, Ex-Im Bank Director-Russia and NIS, will be in contact with you as to our future plans on this matter.

Please do let us know if you are planning to be in the U.S.
Sincerely,


phone (202) 565-3500 fax (202) 565-3513

811 vermont avenue, N.W. washington, D.C. 20571


Task III. Conversation on the topic of your thesis


аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: международное право; европейское право)


билет №2


Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

Accordingly, judicial activity is essentially the last link in the chain of the crystallisation of the rule of law ... it is the bridge between the necessarily abstract legal rule and the necessarily indi­vidual nature of the particular case. Every case is individual and every rule abstract.

This doctrine obliterates any distinction between law and obligation or, more pre­cisely, legal relationships. The latter constitute only the specific application of the former. This assimilation of legal material has a peculiar consequence for the pres­entation of international law:

The actual content of international law is even more meagre than may appear from its presentation in text-books, when we consider that most rules of international law are con­cerned with a definition of subjective rights established by particular or general treaty. Rights of this nature would hardly appear in a presentation of a system of municipal law which is composed of abstract rules of an objective nature.

There is thus an apparent tension at the heart of Lauterpacht's concept of law. On the one hand, law lies in the legal relationships established by the parties inter se, while yet equally on the other hand, law comprises precepts which exist independ­ently of the parties' will.

Further, Lauterpacht sees law as an imperative system, that is as a series of com­mands directed at the subjects of the legal system to regulate their behaviour. Given his adhesion to pacta sunt servanda as the fundamental presupposition underpinning the system, once a state's agreement is given, whether tacitly or expressly, to a norm then the resulting rule binds the state independently of its will. Regardless of whether pacta sunt servanda is a customary norm or initial hypothesis, it constitutes a command, i.e. a rule existing independently of the will of the parties. It is of no consequence that in the international sphere the command does not issue from a po­litical superior. Law may be a command without being the command of an organized po­litical community ... law may be a command merely by virtue of its external nature.

Moreover, Lauterpacht's array appears to be conditioned by that of Kelsen, for whom 'the legal duty is the central and only essential element of the legal sys­tem'. It must be conceded that, albeit in the context of a discussion of the Permanent Court' competence, Lauterpacht stated that 'like the bulk of the rules of private law, the rules of international law are primarily of a permissive character.


Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes

To: Ms Rodoula Ath. ZICCI

Deputy Minister of National Economy


28 January 2000

Dear Ms Zicci


Herewith I am glad to write in accordance with my forthcoming visit to Greece as a participant to ASIA FORUM 2000 which is to be held in Thesalloniki on 7-8 February.


I was a great pleasure to meet you during my visit to Athens in July.


Taking the chance of going to Greece I would greatly appreciate if you could find a few minutes in your dense business schedule and meet me and discuss the issues of mutual interest.


Thank you in advance for your kind cooperation and assistance.


Looking forward to meeting you, I remain


Sincerely yours


Gennady Bogachev

Deputy Minister


Task III. Conversation on the topic of your thesis


аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: международное право; европейское право)


билет №3


Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

At present, only Germany and Portugal have a coherent group law, while other states make do with a few isolated rules scattered in their national company laws. The draft will define when a group exists. The decisive factor in this will be the parent company's controlling influence in law or de facto. Based on the German model, the draft will also state that dominance agreements must be drawn up between the parent company and the subsidiary, whereby the parent company directly takes over the management of the subsidiary. The 'price' for this is to be a closely defined indemnification of the subsidiary's minority shareholders and creditors. It is regrettable that it has proved impossible so far to establish a uniform group law in the Union, because the uncertainty surrounding the state of law for a transnational group is considerable. Development in European group law is virtually at a standstill, and many would welcome the adoption of the Ninth Directive, perhaps in yet another, even simpler form. Until then, group law will continue to develop in an ad hoc manner.

It is, however, an interesting aspect of this development that in its case law, the European Court has undertaken a de facto further development of group law albeit only in certain areas. One of the core questions of group law that national and/or Community law provisions ought to decide is the extent to which the group has a right, or perhaps an obligation, to be considered as an entity. This means that the plurality of legal persons making up the group will be deemed to be one with regard to rights and obligations. In a number of situations, the core area of group law is the important factor when looking at whether the group should be treated as an entity or as a plurality. Subsequently, the choice arises between separate or joint treatment of the group's legal persons. In this area, the Court has demonstrated a flexibility and a will to develop which is scarcely evident in national legislators. I shall mention only a couple of examples from the Court's work.

Clearly the dominant principle within group law, as a branch of company law, is that the individual group company is deemed to be an independent entity with regard to both rights and obligations. Group companies are not liable for one another, no set-offs are allowed between one company's trade debtors and another company's debts, etc. This principle is no obstacle, of course, to the individual group companies accepting liabilities or finan­cial guarantees for one another.


European Business Law Review. September/October, 1998


Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes

To: Mr Joe Smith

Director General

Fair Trade Commission

USA


Re: New Informational and Communication Technologies. Review and Perspectives


20 August 1999


Dear Mr Smith


We have the pleasure to invite you to participate in the International Conference

" New Informational and Communication Technologies. Review and Perspectives".


This high-level International Conference will take place in London, 8-9 November 1999. It will host participants from competition authorities representing foreign and international organizations, governmental, academic and business circles.


The working languages of the Conference are English and French.


We would highly appreciate your participation in this event.


For further details please contact Ms Johnston (tel.: 456 899 01)


William Brandt, Minister


Task III. Conversation on the topic of your thesis



аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: международное право; европейское право)


билет №4


Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

Law and the Rule of Law

Lauterpacht located the International Court at the centre of the international legal order, arguing that the Court's original and primary purpose was to decide disputes between States and, by fostering the rule of law among them, to contribute to international peace. That purpose has not wholly materialized owing to the political conditions prevailing after the Second World War and to the reluctance of Governments to confer upon the Court the requisite jurisdiction. These conditions are not necessarily of a permanent character ... It is that purpose which, notwithstanding temporary setbacks, must remain the abiding purpose of the judi­cial organization of the community of nations under the rule of law.

Within this structure, legal officials, such as judges, play an indispensable role in securing the Rule of Law as when they apply the necessary abstract rule of law to the concrete case, they create the legal rule for the individual case before them.

The object of law to secure order must be defeated if a controversial rule of conduct may remain permanently a matter of dispute ... it is essential for the rule of law that there should exist agencies bearing evidence, and giving effect, to the imperative nature of the law. The law's external nature may express itself either in the fact that it is a precept cre­ated independently of the will of the subjects of the law, or that it is valid and continues to exist in respect of the subjects of the law independently of their will.

The importance of the judicial function permeates Lauterpacht's concept of law. This is expressed in his argument for obligatory jurisdiction that is itself a conse­quence of the emphasis which Lauterpacht gives to the gradual concretization of law. Apart from the search for a basic norm, this is the most prominent aspect of Lauterpacht's concept of law which is primarily associated with Kelsen. Norms are relatively indeterminate as they cannot specify all the conditions for their application.

The actual operation of the law in society is a process of gradual crystallization of the ab­stract legal rule, beginning with the constitution of the State, as the most fundamental and abstract body of rules, and

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