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 ending with the concrete shaping of the individual
legal relation by a judgement of a court, or by an adjudication
or decision of an administrative authority, or by an agreement of the
interested parlies.
lain J. M. Scobbie. The Theorist as Judge. European Journal of
International Law. Vol. 8 No 2, 1997.
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
INTERNATIONAL
& PUBLIC RELATIONS DEPT.
Athens, 29 December 1999
Mr. Alexey PROKOFIEV
Vice Minister
Subject: EOMMEX's data base
Dear Sir,
The Hellenic Organization of Small and Medium Sized Enterprises and
Handicraft (EOMMEX) is the Public Body supporting the SME's in Greece
supervised by the Ministry of Development.
EOMMEX, is trying to enrich it's data base with all the existing
nformation, in order to help the Greek SME's develop transnational
co-operations.
Therefore, we would very much appreciate if you would send us all the
available information concerning the following topics :
1. The existing legislation on foreign investment.
2. The incentives that could attract foreign investments (e.g.
current tax system e.t.c.).
We would like to thank you in advance for your kind co-operation.
Sincerely yours,
Kl. Stavrakakis Director
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 №5
Task I. Translate from English into Russian in
writing using a dictionary. Your time is 45
minutes
THE SCOPE OF
COMMUNITY LAW
If the goals of the original EEC Treaty were, as its name implied,
primarily economic, they were so in the widest sense. The treaty was
from the beginning much more than a free trade agreement. The
Community's activities, outlined in Article 3 EEC, were to include
the elimination of all internal barriers to the free movement of
goods, persons, services and capital (the common or single 'internal
market', see now Article 7a EC); the approximation of the laws of
member states to the extent required for the proper functioning of
the common market (Article 100 EEC); the harmonisation of indirect
taxation (Articles 95-99); the establishment of common policies in
the spheres of agriculture and transport and the creation of a
Community competition policy. States were to co-ordinate their
economic policies 'in order that disequilibria in their balances of
payments might be remedied'. In the field of external affairs the
Community was to establish a common customs tariff and a common
commercial policy towards countries outside the EEC ('third
countries') and to 'associate with overseas countries in order to
increase trade and to promote jointly economic and social
development'. The Community thus had extensive internal and external
competence in economic matters.
But even at the outset the goals of the EEC were not purely economic.
The preamble of the EEC Treaty expressed the resolve of member states
'to ensure the economic and social progress of their countries';
their essential objective being the 'constant improvement of the
living and working conditions of their peoples'. Articles 117-128
provided for action in the field of social policy, requiring states
to promote improved working conditions and improved living standards
for workers. Article 119 provided a principle of equal pay for equal
work for men and women, the purpose of which, according to the
European Court, was both economic, to remove the competitive
advantage of a (normally) cheaper workforce in states which failed to
provide for equal pay.
If the sphere of Community competence was large even at the
Community's inception, it has been greatly extended since then,
either by action by the EC institutions under Article 235, which
allows the institutions to 'take the appropriate measures' if action
by the Community 'should prove necessary to attain ... one of the
objectives of the Community and this Treaty has not provided the
necessary powers', or by amendments to the EEC Treaty provided by
subsequent treaties, the Single European Act (1986) and the Treaty on
European Union (the Maastricht Treaty (1992)).
________________________
EC European Community
EEC European Economic Community
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.
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 №6
Task I. Translate from English into Russian in
writing using a dictionary. Your time is 45 minutes
In relation to the EU's tender regulations, the
Court has established that when a parent company submits a tender for
a public contract and must document expertise and experience in the
relevant area (eg building and construction work), the parent
company may also include the expertise possessed by one or more of
its subsidiaries rather than by the parent company itself, provided
that it is proved that the parent company 'actually has available the
resources of those companies which are necessary for carrying out the
works'.
With regard to the EU's non-competition rules,
when a competitor has complained of competition distorting group
agreements and practices, the Court has deemed several companies
acting as one entity to be one entity under the non-competition
rules. The
Court ruled that when subsidiaries are completely unified with the
parent company in their polices, they and the parent company
constitute a single economic unit in the sense of Art 85 of the
Treaty. It follows they the group's policy (eg co-ordinated price
policy) does not constitute distorting agreements or practices among
undertakings for the simple reason that these are not undertakings,
but a single undertaking irrespective of the formal division into a
number of companies.
With regard to the EU's Television Broadcasting
Directive, the Court has ruled that a television group is domiciled,
and thus governed, by the television legislation in the state where
the centre of its activities is located [programming etc). This means
that the Court identifies all group companies and considers them as a
single entity, irrespective of whether or not the broadcasting
activities are formally divided among a number of companies across a
number of states. In practical terms this means that each subsidiary
is seen as a branch, and this makes the Court's decision worthy of
note. See also the Court's Decision of 10
September 1996. These judgments (and
there arc more) are all identifications to
the advantage of the group. But a small
number of cases where the identification disadvantaged
the group may also be mentioned. The Court has affirmed that legal
action may be brought against a parent company in another state where
its subsidiary was domiciled, because the Court deemed it to be the
parent company which in real terms was conducting its business in
another state, using its subsidiary merely as an extension of itself.
___________________
EU European Union
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
Der President 10965
BERLIN
des Bundeskartellamtes
18 December 1998
Minister
Gennadiy Khodirev
Dear Minister,
I am writing today to invite you to our 9th
International Conference on Competition, which will be held on 10 and
11 May 1999 at the Hotel Intercontinental Berlin, the venue of
our last conference.
The subject of the 9th
International Conference on Competition is:
Mega-mergers
–
I would be very pleased to welcome you to Berlin
as a participant at our 9th
International Conference on Competition. As in previous conferences,
a simultaneous translation will be in German, English and French.
Yours sincerely,
Wolf
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 №7
Task I. Translate from English into Russian in
writing using a dictionary. Your time is 45 minutes
Despite Article 5, states, sometimes deliberately, sometimes
inadvertently, not infrequently failed to fulfil their Community
obligations. Whilst procedures were provided under the Treaty
for action by the Commission or by member states before the Court of
Justice against states which had 'failed to fulfil their obligations'
under Community law (Articles 169 and 170, see Chapter 11), these
provisions proved insufficient on their own to secure the effective
enforcement of EC law, for a number of reasons.
First, the Commission (or member state) may simply be unaware of
breaches of Community law by member states. In a Community of twelve
it is not possible for the Commission, with limited resources,
effectively to monitor the laws and practices of all member states.
Secondly, although any person may complain to the Commission of
suspected infringements of EC law by member states and request the
Commission to act under Article 169, and the majority of Article 169
proceedings have been found to result from such complaints, an
individual has no power to compel the Commission to act under Article
169. The Commission has a complete discretion in this matter.
The enforcement of EC law against member states by Community
institutions is a sensitive matter. The Commission may choose not to
proceed against insignificant failures. Where the breach is clear,
and significant, the Commission can, and often does, achieve
compliance-by-negotiation at the preliminary stages of the Article
169 procedure; it will not then be necessary to proceed to the final
stage before the Court. Yet Individuals may have suffered damage as a
result of member states' prior actions in breach of EC law. They may
have paid levies which were wrongfully imposed; or deprived of
rights, for example under Directives, which they would have enjoyed
had states fulfilled their Community obligations.
Thirdly, even where the Commission proceeds to action before the
Court under Article 169 and obtains a judgment under Article 171 that
the state has 'failed to fulfil its Community obligations' the Court
has no power to impose sanctions to guarantee compliance. The state
is simply required to 'take the necessary measures' to comply with
the Court's judgment. If the State fails to take the necessary
measures the Commission must resort to fresh Article 169 proceedings
for the state's failure to comply with the Court's judgment under
Article 171.
_________________________
EC European Community
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
H.E.
Mr. Gennady Bogachev
Deputy Director
Dear Mr. Bogachev,
I want to thank you for your participation in the
Political and Economic Leaders
Summit of 7-8 February, in
Thessaloniki, in the frame of ASIA FORUM 2000.
You will soon receive a short report with the conclusions. We proceed
also to the publication of the Proceedings.
We have started the preparations for the Business
Meeting and Exhibition of 23-28 May.
We hope to have your support in motivating enterprises and
businessmen to participate in the event.
We shall ask your active involvement in the May event very soon.
Thanking you once again, I remain
Sincerely yours
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 №8
Task I. Translate from English into Russian in
writing using a dictionary. Your time is 45 minutes
A Protocol on Social Policy attached to the treaty, from which
Britain opted out, declared as its objectives the promotion of
employment, improved living and working conditions, proper social
protection, dialogue between management and labour, the development
of human resources with a view to lasting high employment and the
combating of exclusion (Article 1).
The Community was required to develop trans-European networks
(Article 129b EC) and to contribute to the development of education
and vocational training and the flowering of European culture
(Articles 126, 127, 128 EC), albeit in these latter cases in a
supporting role, 'supplementing' and 'encouraging' the actions
of member states, pursuant to the principle of subsidiarity.
As well as amending the EC Treaty the treaty on European Union
provided for co-operation with a view to the framing of common
policies in the fields of foreign and security policy, and eventually
defence, and in justice and home affairs. These matters remain
strictly intergovernmental, in the nature of a 'normal' international
agreement and outside the institutional framework of the EC treaty;
as such they will not be subject to the jurisdiction of the European
Court, nor will they be the concern of the British courts. When
member states are acting under these provisions they are acting as
members of the European Union. The term 'European Community' will
continue to apply to matters pertaining specifically to the EC
treaty.
It is clear from the above brief outline that the scope of the law
stemming from the EC treaty, and of Community competence, is now
extremely wide. Within this area of competence the Community
institutions have power, subject only to the limitations provided by
the treaty, to pass laws, binding on states and individuals. As well
as provisions of the EC Treaty which may be enforced by national
courts, there now exists a substantial body of EC secondary
legislation in all the areas of activity outlined above, fleshing out
the basic principles of the treaty. Much of this law is directly
enforceable within national legal systems. Where it is not it may be
necessary for national courts to take it into account in interpreting
national law. The Index of Community Activities listed in the
Directory of Community Legislation in force. Official Journal (OJ) of
the European Communities, indicates the range of Community law. All
EC secondary legislation is published in the Official Journal (L)
series; it is listed, analytically (Volume I) and chronologically
(Volume II), with the appropriate OJ reference, in the Directory
itself.
________________________
EC European Community
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
February 25, 2000
VIA FEDEX
Mr. Alexander Ivanov
President
MICEX
Moscow
RUSSIA
Dear Mr. Zakharov:
Please find enclosed the proposed Joint Statement on Technical
Assistance which I received yesterday from the U.S. Commodity Futures
Trading Commission ("CFTC").
We understand that your office will undertake to forward this
document to Chairman Parkov.
If the Russian finds the proposal acceptable, we should notify Ms.
Corcoran of that fact.
We look forward to your future communications on this matter. Best
regards.
Sincerely yours,
Jeffrey A. Burt
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 №9
Task I. Translate from English into Russian in
writing using a dictionary. Your time is 45 minutes
The Task of the
International Judge
Lauterpacht argues that in avoiding a declaration
of non liqiiet
by filling material gaps in the law the judge is necessarily
creative:
The rejection of the admissibility of non
liqiiet implies the necessity for
creative activity on (the part of international judges. Legal
philosophy in the domain of municipal jurisprudence has shown
the possibilities and, indeed, the inevitability of the law-creating
function, within defined limits, of the judge within the State.
The development of international law by the
International Court, its secondary function, is, for Lauterpacht,
clearly and expressly connected with the doctrine of gradual
concretization. In exercising this function, the Court is not bound
to base its decision simply on the arguments and considerations
raised in the parties' pleadings as in interpreting and applying
concrete legal rules the Court does not act as an automatic
slot-machine, totally divorced from the social and political
realities of the international community. It exercises in each case a
creative activity, having as its background the entirety of
international law and the necessities of the international community.
The distinction between the making of law by judges and by the
legislature is upon analysis one of degree ... judicial activity is
nothing else than legislation in
concreto ...
But this is legislation within limits. The creativity of
international judges must stop short of interference with established
rights. If these are a cause of friction, then they might be a fit
object for legislative change, but legisiation cannot be let in by a
backdoor by transforming the nature of the judicial function'.
Moreover, even where the judiciary is creative, its rulings are
themselves relatively indeterminate: Judicial legislation is not -
and ought not to be - like legislative codification by statute. It
cannot attempt to lay down all the details of the application of the
principle on which it is based. It lays down the broad principle and
applies it to the case before it. Its elaboration must be left in.
addition to any doctrinal elucidation of the law by writers, to
ordinary legislative processes or to future judicial decisions
disposing of the problems as they arise.
The clear conclusion to be drawn is that Lauterpacht views the
international judicial function as one which is law creative, rather
than as merely the elucidation of the specific legal relationships
which obtain between the parties.
Iain J. M. Scobbie. The Theorist as Judge. European Journal of
International Law. Vol. 8 No 2, S997.
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
athens travel service
2-4 Alopekis sir., 10675 Alhens
Tel: 00301-33 3 5254*Fax:00301-333 5256
Date: 07/08/00
To: Mr A.Egorov
From: C.Vakali
Ref: Eommex group
20/8-03/9/00
With reference to the above group, we would like to inform you with
the following.
SCHEDULE
OA 352 20/8 Moscow-Athens 1450-1725
OA 351 03/9 Athens-Moscow 0930-1355
You are kindly requested not to issue tickets for those not
travelling. All issued unused tickets must be delivered to our
representative at the airport otherwise you will be charged. Upon
your arrival at the Athens airport you will be met bv our
representative, holding a sign:
EOMMEX
ATHENS TRAVEL SERVICE
We would like to know which person will be in charge as head of the
group during their stay in Greece.
The group will stay at the Training Center of the National Bank.
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 №10
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
The EFTA Court.
The EEA
Agreement also required the EFTA
states to create an EFTA Court, which was created with effect from I
January 1994. It consists of five judges appointed for a six-year
renewable term. It sits only in plenary session, although it could
request the EFTA states to permit it to establish chambers. There are
no Advocates-General. The sole working language is English except
where the Court directs otherwise and where national courts refer
questions for interpretative opinions3.
Its seat is in Geneva.
The jurisdiction of the EFTA Court.
The forms of process before the EFTA I Court fall into five
categories:
(a) Infringement proceedings raised by the. EFTA
Surveillance Authority against an EFTA state, analogous to article
169 of the EC
Treaty.
(b) Settlement of disputes between EFTA states relating to the EEA,
analogous to article 170 of the EC Treaty.
(c) Actions to annul a decision of the EFTA Surveillance Authority,
analogous to articles 173 and 174(1) of the EC Treaty. The first such
action was raised in April 1994.
(d) Actions against the EFTA Surveillance Authority for failure to
act, analogous to article 175 of the EC Treaty.
(e) Advisory opinions to national courts of EFTA states. But it is
important to note that there are significant differences between this
procedure and article 177 of the EC Treaty. First, because the EEA
Treaty does not require the transfer of legislative authority to any
EEA institution, advisory opinions of the EFTA Court are, unlike
preliminary rulings from the Court of Justice, non-binding. Second,
an advisory opinion may be sought only upon the interpretation of the
EEA Treaty, and not upon the interpretation or validity of acts of
the institutions. Further, there is no obligation to seek an advisory
opinion, even for courts of last instance, and national rules may
restrict access to the procedure to courts of last instance".
The first request for an advisory opinion, from a Finnish customs
appeal committee, was lodged in April 1994 and decided in December
1994.
__________________________________
EC European
Community
EEC European
Economic Community
EFTA European
Free Trade Association
EEA European
Economic Area
David
A.0. Edward & Robert C. Lane. European Community Law. An
Introduction. Second Edition. Butterwiths Law Society of Scotland,
Edinburgh, 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:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №1
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
Article
1. Basic Principles of Ciil Legislation
1. Civil legislation is based on the recognition of the equality of
the participants in the relations regulacd by it, the inviolability
of ownership, freedom of contract, the necessity of the unhindered
realization of civil law rights, enairing the restoration of
violated rights and judicial protection of them.
2. Citizens (natural persons) and legal persons shall obtain and
exercise their civil law rights by their own will and in their own
interest. They shall be free in the establishnent of their
rights and duties on the basis of contract and in determinng any
terms of contract not contradictory to legislation.
Civil law rights may be limited on the basis of a Federal statute and
only to the extent to which it is necessary for the purposes of
defending the bases of the Constitutional order, the morals, health,
rights, and legal interests of other persois, of ensuring the defense
of the country and the security of the state
3. Goods, services, and financial assets may be moved freely about on
the whole territory of the Russian Federation.
Article
2. Relations Regulated by Civil Legislation
1. Civil legislation determines the legal position of the
participants in civil commerce, the grounds for the origin and
the procedure for realization of the right of ownership and other
rights in things, of exclusive rights to the results of intellectual
activity (intellectual property), regulates contractual and
other obligations and also other property relations and related
personal non-property relations based upon equality, autonomy of will
and the property independence of the participants.
Citizens and legal persons are the participants in relations
regulated by civil legislation. The Russian Federation, subjects
of the Russian Federation, and municipal formations may also
participate in relations regulated by civil legislation (Article
124).
Civil legislation regulates the relations between persons engaging
in entrepreneurial activity or with their participation, proceeding
from the position that entrepreneurial activity is independent
activity done at one's own risk directed at the systematic receipt of
profit from the use of property, sale of goods, performance of work,
or rendering of service by persons registered in this capacity by the
procedure established by a statute.
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 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 Director
Task III. Conversation on the topic of your
thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №2
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Recent
Trends
I will primarily discuss the criminal
responsibility of individuals for violations of international
humanitarian law. In the process, 1 will make the necessary
distinction between international and internal armed conflicts.
In terms of actual practice, not much had happened since Friedmann's
book, since Nuremberg, except for a number of national prosecutions
for war crimes and crimes against humanity, until the atrocities in
Yugoslavia shocked the conscience of mankind. Within a short time,
these events triggered the Security Council, acting under Chapter VII
of the UN Charter, to promulgate the Statutes of the International
Criminal Tribunals for the Former Yugoslavia and for Rwanda. They
also provided the impetus for the ILC to adopt its draft statute for
the proposed international criminal court.
In the interim period, despite the lack of ongoing
practice, the opinio juris
and the international consensus on the legitimacy of the Nuremberg
principles, the applicability of the principle of universal
jurisdiction to crimes under international law, and the need to
punish those responsible for egregious violations of international
humanitarian law solidified. In addition, many treaties providing for
national prosecution of crimes, of international concern were
adopted. Universal jurisdiction has been thus recognized with regard
to such crimes as attacks on the safety of civil aviation and
maritime navigation, and also in case of egregious infringement of
human rights, as for example, torture under the 1984 United Nations
Convention. This trend is well articulated in the draft basic
principles and guidelines on the right of reparation for victims of
gross violations of human rights and humanitarian law, which provide
that: 'Every State shall provide for universal jurisdiction over
gross violations of human rights and humanitarian law which
constitute crimes under international law.
The statutes of the two Tribunals represent a major advance over the
Charter of Nuremberg. First, grave breaches of the Geneva Conventions
and the crime of genocide occupy the central place in the statutes.
Second, the Yugoslav Statute recognizes crimes against humanity for
non-international armed conflicts, not only for international wars,
and the Rwanda Statute arguably acknowledges such crimes even in
peacetime.
European Journal of International Law. Vol. 9, Nol, 1998. Oxford
University Press
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
Sadovaya'Kudrinskaya str.
Russian Federation
Letter of Invitation
Dear Minister
Thank you for your interest to meet representatives of the
Brandenburg State Government, especially Prime Minister Dr. Manfred
Stoipe, during your stay in the Federal Republic of Germany from
April 25"' to April 26"' 2000.
It is my pleasure to invite you to the state of Brandenburg. A copy
of your request has been.mailed to the office of the Prime Minister
for coordinating purposes.
Sincerely yours
Dr. Wolfgang FьrniЯ
Task III. Conversation on the topic of your
thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №3
Task I. Translate from English into Russian in
writing using a dictionary. Your time is 45 minutes
Application
of Section 45 - the Undueness Test
Section 45 is the general anti-conspiracy provision in the Act and
takes the approach that agreements between competitors are
unacceptable only where they cause, or are likely to cause,
substantial anticompetitive effects in the relevant market if carried
into effect. Specifically, the prosecution must show that the
agreement does or would affect competition "unduly", which
the Supreme Court of Canada has interpreted, as having a serious or
significant effect on competition as determined by a two stage
examination.
The first stage is to determine if the parties to the agreement have
market power in the relevant market, which is the ability to
unilaterally affect industry pricing. Market share alone, although a
significant factor, is not sufficient to demonstrate market power;
other important factors include the number of competitors and
concentration of competition and barriers to entry. The Supreme Court
has noted that possession of even a moderate amount of market power
may support a finding of undueness. If a group of conspiring SME's do
not together have power in the relevant market, they will not
contravene this provision. The Supreme Court has stated that absent
such power, agreements to restrict competition would either benefit
the public by allowing small firms to consolidate their position and
be more competitive, or dissolve under competitive pressures.
The second stage requires the court to look at the
parties' behaviour to determine whether some behaviour likely to
injure competition has occurred, or is likely to occur. It is a
combination of market power and behaviour that makes a lessening of
competition undue; particularly injurious behaviour may trigger
liability even if market power is not considerable. This undueness
analysis has been characterized' as a "partial" rule of
reason approach, since it involves consideration of the
anticompetitive effects of an agreement unlike a per
se offence, but does not consider
efficiencies of the agreement as would a full rule of reason
analysis. Therefore, even those forms of cooperation whose sole
purpose is to restrict competition, such as price fixing, are not
illegal unless they have the requisite economic impact in the
relevant market, without which their conduct should be subject to
discipline by existing competitors and potential new entrants.
While the general anti-conspiracy provision might
not apply to an agreement among SME's in which the participants
cannot unduly affect competition, bid-rigging is the one type of
conspiracy which is expressly treated as per
se illegal under section 47 of the Act.
This different treatment is due to the fact that bid-rigging has
historically been treated more harshly because it was considered
similar to fraud.
Series Roundtables on Competition Policy. OECD, Paris, 1997
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
To: Mr Kim-nee LEE
Minister of Trade
Ministry of Trade and Industry
5 July 2000
Dear Mr Lee
Herewith we are informing you that on 7-8 September, 2000 an
International Conference "New Prospects of scientific and
technological and production cooperation of Russia with foreign
states" is to be held in Nizhny Novgorod.
To participate in the forthcoming Conference we are glad to invite a
representative from your Ministry and two persons representing
business circles.
The working languages of the Conference are
Russian, German and English. For further information please contact
Ms Golovina (tel.: 456 899 01)
Looking forward for your prompt reply, I remain
Sincerely yours,
Vladimir Yugin
Minister
Task
III. Conversation on the topic of your thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №4
Task I. Translate from English into Russian in
writing using a dictionary. Your time is
45 minutes
CIVIL AND PUBLIC
LAW
Main
categories
One important distinction made in all these
countries is between private - or civil - law and public law.
Civil law concerns disputes among
citizens within a country, and public
law concerns disputes between citizens
and the state, or between one state and another. The main categories
of English civil law are:
Contracts: binding agreements between people (or companies);
Torts: wrongs committed by one individual against another
individual's person, property or reputation;
Trusts: arrangements whereby a person administers property for
another person's benefit rather than his own Land Law;
Probate: arrangements for dealing with property after the owner's
death;
Family Law.
The main categories of public law are:
Crimes: wrongs which, even when committed against an
individual are considered to harm the well-being of society in
general;
Constitutional Law: regulation of how the law itself operates and of
the relation between private citizen and government;
International Law: regulation of relations between governments and
also between private citizens of one country and those of another.
In codified systems there are codes that correspond to these
categories, for example, France's Code Civil and Code Penal.
Justinian's Roman codes covered such areas of law as contracts,
property, inheritance, torts, the family, unjust enrichment, the law
of persons, and legal remedies, but said little about criminal law.
Consequently, most Continental criminal codes are entirely modern
inventions.
Differences in
procedure
The standards of proof are higher in a criminal action than in a
civil one since the loser risks not only financial penalties but also
being sent to prison (or, in some countries, executed). In English
law the prosecution must prove the guilt of a criminal "beyond
reasonable doubt"; but the plaintiff in a civil action is
required to prove his case «on the balance of probabilities."
Thus, in a case a crime cannot be proven if the person or persons
judging it doubt the guilt of the suspect and have a reason (not just
a feeling or intuition) for this doubt. But in a civil case, the
court will weigh all the evidence and decide what is most probable.
In Anglo-American law, the party bringing a
criminal action (that is, in most cases, the state) is called the
prosecution, but the party bringing a
civil action is the plaintiff.
In both kinds of action the other party is known as the defendant.
A criminal case against a person called Ms Sanchez would be described
as «The People vs. (= versus, or against) Sanchez" in the
United States and «R. (Regina, that is, the Queen) vs. Sanchez»
in England. But a civil action between Ms Sanchez and a Mr Smith
would be «Sanchez vs. Smith" if it was started by Sanchez,
and "Smith vs. Sanchez» if it was started by Mr Smith.
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
Sadovaya'Kudrinskaya str.
Russian Federation
Letter of Invitation
Dear Minister
Thank you for your interest to meet representatives of the
Brandenburg State Government, especially Prime Minister Dr. Manfred
Stoipe, during your stay in the Federal Republic of Germany from
April 25"' to April 26"' 2000.
It is my pleasure to invite you to the state of Brandenburg. A copy
of your request has been.mailed to the office of the Prime Minister
for coordinating purposes.
Sincerely yours
Dr. Wolfgang FьrniЯ
Task
III. Conversation on the topic of your thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №5
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
That law is an effect of lawyers' imagination is nowhere clearer than
in the development of international law from the isolated
diplomatic practices of the nineteenth century into a legal order
sometime early in the twentieth. Professional jurists took it upon
themselves to explain international affairs in the image of the
domestic state, governed by the Rule of Law. For that purpose, they
interpreted diplomatic treaties as legislation, developed a wide and
elastic doctrine of customary law, and described the state as a
system of competences, allocated to the state by a legal order. A
culture of professional international law was created through the
setting up of the first international associations of jurists,
doctrinal periodicals as well as the publication of many-volumed
presentations of state practice in the form of systematic legal
treatises.
It was not a simple task to conceive of diplomatic correspondence and
a few arbitrations as manifestations of an autonomous legal
order. In 1935 a sceptic still described the situation in the
following terms:
There is in fact, whatever the names used in the books, no system of
international law -and still less, of course, a code. What is to be
found in the treatises is simply a collection of rules which, when
looked at closely, appear to have been thrown together, or to have
been accumulated, almost al haphazard.
Two strategies seemed possible. One could either take whatever
materials - treaties and cases - one could find that bore some
resemblance to domestic law and explain the inevitable gaps in the
system as a result of the 'primitive' character of international law.
Otherwise one could try to expand the law's scope by arguing, as
Grotius had done, from Roman and domestic law, general principles and
ideas about a common morality. Although in fact both avenues were
followed, the former seemed to realize better the statism and the
objective of the 'scientification' of law that had been the great aim
of nineteenth century jurisprudence.
Martti Koskenniemi Lauterpacht: The Victorian
Tradition in International Law European
Journal of International Law. Vol. 8 No
2, 1997.
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
July 18,2000
Dear Mr. Petrov
I would like to inform you that I left my position as Minister of
International Trade and Industry on July 4.
Mr. Hiranuma has been appointed as my successor. I
hope that you will accord him the same goodwill and assistance you
have granted me.
Please accept my best wishes. Respectfully yours,
Takashi Fukaya
Ministry of International Trade and Industry
Task
III. Conversation on the topic of your thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №6
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
The Economic Role
and Definition of SME's
Small and Medium-Sized Enterprises ("SME") play an
important role in the Canadian economy, 'providing significant
employment, innovation, variety and competition in many different
sectors. This role is recognized in section 1.1 of the Competition
Act ("Act"), which states that the general aim of the Act
is to maintain and encourage competition in Canada in order to
ensure, among other things, that small and medium-sized enterprises
have an equitable opportunity to participate in the Canadian economy.
Although this is a stated goal of Canadian competition law, there are
no specific exclusions or special rules applicable to such
enterprises. However, because of their relatively small size, SME's
may fall below the anticompetitive thresholds necessary to trigger
the application of many of the provisions of the Act including the
general prohibition against conspiracies in section 45. A further
consideration is whether enforcement action against a particular
agreement between SME's is justified according to the Competition
Bureau's enforcement priorities and case screening criteria.
For the purposes of competition analysis generally, it is not useful
to define what is or is not an SME on the sole basis of absolute size
criteria (such as annual revenue, personnel or output) below which a
firm might be considered an SME. Instead, competition analysis is
concerned with the ability of a firm or group of firms to act
independently of the rest of the competitors in a particular market.
This type of comparative analysis of the relative market power of
firms in a particular market make absolute criteria a poor benchmark
for determining whether a firm is an SME in a particular market. For
instance, a firm that might be considered to be large in terms of
revenue, personnel and output in a particular industry and market
might be considered to be an SME in comparison to the much larger
firms that exist in a different market. Definition of the relevant
product and geographic markets is key since the larger the relevant
market, i.e. the greater the number of firms producing substitutable
products and geographic area in the market, the less likely that a
firm will have the market power necessary to cause substantial
anticompetitive effects. Markets are typically defined in terms of
the smallest group of products and geographic area in which
participants could impose a significant and non-transitory price
increase (generally a price, increase of five per cent is considered
significant and a one year period to be non-transitory). In assessing
the relevant markets in conspiracy cases, it is important to note
that the parties to the alleged agreement may have already exercised
market power and thus any observed willingness by customers to switch
or new competitors to enter may overstate their competitive
significance.
_________________________________
SME Small and
Medium Enterprises
Series Roundtables on Competition Policy. OECD, Paris, 1997
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
Dear Mrs. Fonaryova:
The 37th
World Advertising Congress, "London 2000", will be held in
London from 6 June through 9 June. This biennial Congress, is very
the traditional gathering place of top professionals.
We believe that your participation in this event of world importance
will be important.
Considering your great contribution to the
development of the Russian advertising business, we are confident
that your contacts with leaders of the advertising industry from
around the world will have a positive effect on the further
development of the advertising market in Russia.
Sincerely,
Task
III. Conversation on the topic of your thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №7
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Special treatment of SME under competition law
- exemption from general ban on cartels
Reasons for special treatment under competition
policy
The survival of SME may be threatened inter alia by processes of
structural change, intensifying competition based on efficiency and
anticompetitive practices or abusive conduct by large firms, whether
competitors, suppliers or buyers. Co-operation agreements among SME
are often assessed from the perspective that SME have no chance of
survival in competition with large firms if the latter use economies
of scale. Where competitive disadvantages result from relatively
small size only, attempts are often made to compensate for those
disadvantages by other means. Close co-operation among SME is then
considered a means of ensuring survival and offsetting structural
disadvantages.
While the group of SME is heterogeneous, the following broad
statements can be made -although there may be a few examples to the
contrary -: One of the purely size-induced disadvantages of SME
vis-a-vis large firms is poor access to the capital market. Owing to
their relatively small size, SME have little or no access to certain
sources of finance. Since SME are often single-product firms, the
possibilities of risk-spreading and compensatory pricing are as a
rule very limited, which raises their sensitivity to cyclical and
structural fluctuations. Owing to their manufacturing conditions,
which are marked as a rule by small lot and batch sizes, SME can only
take limited advantage of cost savings in the production process. As
SME purchase smaller volumes than large firms, their terms and
conditions tend to be less favourable. In addition, they are often
less likely to attract highly qualified staff. As a result of the
above disadvantages, even their international competitiveness is
generally thought to be inferior to that of large firms.
By contrast, it is considered the SME's specific advantage over large
firms that, being closer to the market, they are more ready to take
risks and able to more quickly respond and make adjustments.
Time-consuming processes of co-ordination and decision-making can
often be dispensed with so that SME can quickly respond to market
processes. Direct contact with buyers and greater closeness to the
market often allows them to better meet specific customer needs. SME
moreover often are firms with a high degree of specialisation.
________________________________
SME Small and
Medium Enterprises
Series Roundtables on Competition Policy. OECD, Paris, 1997
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
To: Mr Takashi KOEZUKA
Deputy Secretary General
Re: 10th
Anniversary of Antimonopoly Bodies.
15 August 2000
Dear Mr KOEZUKA
We have the pleasure to invite you to participate
in the International Conference "10th
Anniversary of Antimonopoly Bodies.".
This high-level International Conference will take place in Moscow,
18-19 October 2000. It will host participants from foreign and
international organizations, governmental, academic and business
circles for discussion of crucial problems of competition policy and
competition law.
The working languages of the Conference are Russian and English.
For further details please contact Ms Johnston (tel.: 456 899 01)
Joe Brandton
Vice-Minister
Task
III. Conversation on the topic of your thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №8
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
Business Cycle
Policy as a Matter of Common Concern
Article 103 obligates the Member States to consider business cycle
policy a matter of common concern. This means that except to the
extent that decisions of the Council based on Article 103 create
Community law, business cycle policy remains within the competence of
each Member State. On the other hand, the Member States do not remain
entirely free, for in its actions each Member State must bear in mind
any possible impact on the other Member States. Furthermore, each
Member State has a justified interest in watching business cycle
developments in all other Member States. Finally, there would seem to
be a right to complain if a Member State occasioned unfavorable
business cycle developments.
The right to complain poses a difficult problem. Although certain
aims of the Treaty, especially those listed in Article 104, do not
impose legally binding obligations, it may be questioned whether the
same holds true if these aims are significant for business cycle
policy and thus become a matter of common concern.
A clear remedy exists if the business cycle policy of a Member State
disregards the common interest to such an extent that competitive
conditions among the Member States are seriously distorted. Since
under Article 101, a qualified Council majority suffices, these
distortions can be eliminated by directives pursuant to that Article
even against the will of the Member State affected. In any event, the
relative autonomy Article 103 leaves the Member States is not an
excuse for ignoring other binding Community rules. Hence a Member
State cannot justify a national rule which does not conform to a
Community pricing scheme for agricultural products on the ground that
the rule is designed as a means of fighting inflation, and Article
103 gives the Member States competence in that area. On the other
hand, given the present limited amount of integration, Member States
may pursue a general incomes policy, even if that policy affects a
group, such as farmers, who are the object of Community policy goals,
so long as the national measures do not distort the functioning
of the Community market organization (without mentioning Article 103
probably illustrating how little known article 103 is).
The Law of the European Community. A Commentary on the EEC Treaty.
Hans Smit, Peter E. Herzog. Matthew Bender, May 1998. Vol 3
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
TO: Ms Klery STAVRAKAKIS
Director
Organization of Small and Medium Sized Enterprises
5 February 2000
Dear Ms Stavrakakis
Herewith we are informing you that Mr Bogachev, Deputy Minister, who
is a participant to the AZ1A FORUM 2000 in Thesallomki on February
7-8, will be in Athens on February 9 in the afternoon.
Taking the chance of being in Athens he would greatly appreciate if
you could meet so as to discuss issues of mutual interest.
Please contact Mr Filimonov so as to arrange the meeting.
I thank you in advance for your kind cooperation.
Sincerely yours
Vladimir Egorov
Head, Department for International Relations
Task
III. Conversation on the topic of your thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №9
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Criminalization of
Acts of Corporations
Friedmann himself
referred to the trend of criminalivzing offences by legal persons,
such as corporations. In opposition to the ILC's adoption of the
concept of international crimes, many cite the maxim impossibile
est quod societas delinquat. However,
the increasing departure from this maxim in national laws suggests
that opposition to the concept of international crimes stems from
state sovereignty rather than from the character of the state as a
legal person.
In addition to the individual criminal
responsiblity of the officers of a corporation,
in the modern business world a
corporation itself may be criminally liable for the actions or
omissions of agents acting on the corporation's behalf, in the scope
of their employment. The movement towards this form of
Criminalization began in areas of strict liability, where no mens
rea was required, but soon expanded to
crimes requiring,
a certain mental state. This was achieved through imputing to the
corporation not only the acts, but also the mental state, of its
employees. Whereas individuals would be punished by imprisonment or
even death, corporations have been penalized by fines or punitive
damages.
Even though labelled civil rather than criminal, treble damages for
anti-trust violations have become a major feature in evaluating the
movement of the law towards the imposition of punitive sanctions. The
role of parallel developments in many countries, which influence
general principles of law and, in many cases, general principles of
criminal law, reinforces the impact of such treble damages.
The action for civil treble damages in the United States for
violation of the Sherman Act or other anti-trust legislation may be
initiated by either the government, private individuals or
corporations. This civil action is in addition to governmental
enforcement through both criminal and civil action, for example, by
enjoining an illegal transaction. Governmental criminal action leads
to fines on corporations and their officers and, whenever
appropriate, imprisonment of the corporation's officers. Allowing
private parties to sue to supplement governmental enforcement means
that private parties are allowed to act, in effect, as private
attorneys general. I emphasize this point to illustrate that
significant sanctions can also be carried out through private agents.
Thus, the dividing line between civil and criminal action may be
becoming blurred in several areas of the law.
European Journal of International Law. Vol. 9, Nol, 1998. Oxford
University Press
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
18 December 1998
Minister
Khodirev
Dear Minister,
I am writing today to invite you to our 9th
International Conference on Competition, which will be held on 10 and
11 May 1999 at the Hotel Intercontinental Berlin.
The subject of the 9th
International Conference on Competition is:
Mega-mergers
I would be very pleased to welcome you to Berlin
as a participant at our 9th
International Conference on Competition. A simultaneous translation
service will be available in German, English and French.
Yours sincerely,
Wolf
President.
Task
III. Conversation on the topic of your thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
гражданское
право; предпринимательское
право;
семейное
право; мчп)
билет №10
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Forms of and
limits to SME co-operation
There are forms of co-operation among SME which do not in any way
affect their scope of competitive action and parameters. In the
absence of exclusivity arrangements, co-operation in the fields of
training, common quality control or the sharing of transport does not
necessarily involve restraints of competition. Such co-operation may
often take the shape of cartel-free co-operation agreements.
Forms of co-operation whose sole purpose and intent is the
restriction of competition are not to be exempt from a general ban on
cartels. Therefore, no price agreements - not even among SME - should
be permitted. Nor can co-operation among large firms only be
permitted on the ground that the cooperation agreement is
intended to benefit SME.
Problems do arise, however, when it comes to assessing
anticompetitive effects of SME cooperation and weighing them
against potential positive effects, or to defining the limits to
co-operation and laying down suitable criteria.
Where to draw the line for a particular co-operation agreement in a
specific market, however, can only be determined by an examination of
every single case.
Inter-company co-operation which covers production, finance,
management, administration, purchasing and/or selling as a rule
involves diverse types of anticompetitive effects. In practice, the
anticompetitive effects have to be weighed against the positive
effects to see whether they are acceptable.
Nearly all forms of co-operation may enhance efficiency: conceivable
are expansion of production, measures to improve the quality of
products, extend the product range, shorten delivery channels and
dates, reduce freight cost, share means of advertising or research
facilities, streamlined purchasing or selling. Production shutdowns
or closure, however, cannot be considered to enhance efficiency.
Common purchasing or selling which involves exclusivity arrangements
often results in a considerable restriction of the freedom of action
and choice of the parties concerned or the opposite side of the
market and may amount to a serious restraint of competition in a
particular case which may outweigh the positive effects of the
co-operation agreement and lead to prohibition.
__________________________________
SME Small and
Medium Enterprises
Series Roundtables on Competition Policy. OECD, Paris, 1997
Task
II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
February 25, 2000
Mr. Alexander
President
MICEX
Moscow RUSSIA
Dear Mr. Zakharov:
Please find enclosed the draft Joint Statement on Technical
Assistance which I received yesterday from the U.S. Trading
Commission.
We understand that your office will undertake to forward this
document to Chairman Parmenkov.
If the Russian Party finds the proposal acceptable, we should notify
Ms. Corcoran of that fact.
We look forward to your future communications on this matter. Best
regards.
Sincerely,
Jeffrey A. Burt
Task
III. Conversation on the topic of your thesis
аспирантура
(канд.
экз.)
Экзаменационный
билет (на 2 листах)
по дисциплине
английский
язык
(специальность:
содержание ..
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