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