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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №1
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
SOMALIA
The downfall in January 1991 of President Siad Barre, the leader of
Somalia for 21 years, resulted in a power struggle and clan clashes
in many parts of the country. In November, intense fighting broke out
in the capital, Mogadishu, between the faction supporting Interim
President Ali Mahdi Mohamed and the faction supporting General
Mohamed Farah Aidid, Chairman of the United Somali Congress.
Fighting spread to other regions of the country, with heavily armed
elements controlling various parts of Somalia. Wide-spread death and
destruction forced hundreds of thousands of people to flee their
homes. Almost 5 million people - over half the population - were
threatened by hunger and disease. Nearly one million people sought
refuge outside the country.
Despite the turmoil, the United Nations continued its humanitarian
effort, and by March 1991 was fully engaged in the country, in
cooperation with several non-governmental organizations. The
Secretary-General also became increasingly involved with the
political aspects of the conflict, in cooperation with the
Organization of African Unity (OAU), the League of Arab States (LAS)
and the Organization of the Islamic Conference (OIC).
In December, the Secretary-General dispatched an envoy to Somalia in
an effort to restore peace. During that visit, all faction leaders
expressed support for a United Nations role in bringing about
national reconciliation.
On 23 January 1992, the Security Council imposed an arms embargo on
Somalia and urged all parties to cease hostilities.
On 31 January, the Secretary-General invited Interim President Ali
Mahdi and General Aidid, as well as the LAS, the OAU and the OIC, to
send representatives to attend talks in February at United Nations
Headquarters. The talks succeeded in getting the two factions to
agree on a cease-fire, and to a visit by a delegation composed of the
United Nations and the three regional organizations.
After intensive negotiations conducted by the delegation, the two
parties signed in March an agreement on the implementation of the
cease-fire. Further talks led to agreements on a cease-fire to be
monitored by United Nations observers, and on the protection of
humanitarian convoys by United Nations security personnel.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №2
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
SOMALIA
On 24 April, the Security Council established the
United Nations Operation in Somalia (UNOSOM), to facilitate the
cessation of hostilities and the
maintenance of a cease-fire, and to promote a political settlement.
The Secretary-General appointed a Special Representative for Somalia,
who left for the region on l May. In early July, 50 United Nations
military observers arrived in Mogadishu, followed by some 500 United
Nations security personnel. Meanwhile, humanitarian efforts were
being carried out by six United Nations organizations and more than
30 relief organizations.
In August, the Secretary-General reported to the Security Councii
that the United Nations and its partners were ready to provide much
greater assistance, but were prevented from doing so by the
lawlessness and lack of security prevailing throughout Somalia. He
recommended deploying up to 3,000 security troops to protect the
humanitarian efforts. This proposal was endorsed by the Council.
In October and November, the situation continued to deteriorate. As
famine threatened some 1.5 million lives, Somalia remained without a
central government, Mogadishu was divided by rival militias and the
country by a dozen factions.
The delivery of humanitarian aid became more and more difficult.
Relief ships were blocked from docking and even shelled. Ports and
airports came under fire. Money and relief supplies were being
extorted from donor agencies, and the lives of their personnel trying
to distribute aid to starving people were being put in danger.
As a result, only a trickle of relief supplies was reaching the
needy. According to some estimates, as many as 3,000 people a day
were dying of starvation. Unless the security problems were solved,
United Nations and relief agencies would be unable to provide the
massive assistance needed. On 24 November, the Secretary-General
reported to the Security Council on the deteriorating Situation in
Somalia and on the factors preventing UNOSOM from carrying out its
mandate.
On 3 December, the Security Council accepted an offer, made on 25
November by the United States, to take the lead in organizing and
commanding an Operation to ensure the delivery of humanitarian
relief. Acting under Chapter VII of the Charter, which deals with
enforcement measures, the Council authorized the use of all necessary
means to establish a secure environment for humanitarian relief
operations.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №3
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
CENTRAL AMERICA
The United Nations has supported from the start the efforts of
Central American Governments to bring peace to the region. The
combined action of the Security Council, the General Assembly and the
Secretary-General has helped to resolve several protracted conflicts.
In 1987, the Presidents of five Central American countries - Costa
Rica, El Salvador, Guatemala, Honduras and Nicaragua - signed the
Esquipulas II agreement, by which they undertook to launch a
region-wide process of democratization and national dialogue, bring
about a cease-fire, and promote free and fair elections.
In February 1989, the five Presidents decided to set up a mechanism
to verify the agreement with United Nations participation. They
agreed to draw up a plan for the voluntary demobilization of the
members of the Nicaraguan resistance (also known as "contras").
And Nicaragua announced it would call general elections under
international and United Nations supervision.
In August 1989, at Nicaragua's request, the United Nations Observer
Mission for the Verification of Elections in Nicaragua (ONUVEN)
started operations in the country. It monitored the entire
preparation and holding of the elections - the first United
Nations-monitored elections in an independent country.
On election day, 25 February 1990, ONUVEN observers visited polling
stations in 141 of the country's 143 municipalities and monitored
vote counting. ONUVEN concluded that the elections had been conducted
"in a highly commendable manner".
On the request of both the President and President-elect, a United
Nations team facilitated a peaceful political transition and played a
role in various negotiations that followed the elections. The success
of ONUVEN helped create conditions for the voluntary demobilization
of the Nicaraguan resistance.
That demobilization was overseen by another United Nations mission,
the United Nations Observer Group in Central America (ONUCA), which
had been established in November 1989 as a mechanism to verify the
security aspects of Esquipulas II, following a request from the five
Central American countries. ONUCA established a presence in all five
countries to verify the end of assistance to irregular forces and
insurrectionist movements, and the end of the use of one country's
territory for attacks on other countries.
In March 1990, the Security Council enlarged ONUCA's mandate to
include overseeing the voluntary demobilization of the Nicaraguan
resistance. The operation was undertaken throughout Honduras and
Nicaragua. By 29 June, some 22,000 resistance members had turned in
their weapons to ONUCA.
The civilian aspects of the demobilization - repatriation, relocation
or resettlement - were the responsibility of the International
Commission for Support and Verification (CIAV), set up in September
1989 by the Secretaries-General of the United Nations and of the
Organization of American States.
ONUCA remained in Central America, contributing to peace efforts in
the region, until January 1992.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №4
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
AFGHANISTAN
Following Soviet military intervention in late December 1979, 52
Member States requested on 3 January 1980 an urgent meeting of the
Security Council on the situation in Afghanistan. Following a
negative vote from the Soviet Union on a draft resolution deploring
the intervention, the Security Council called an emergency special
session of the General Assembly. The session in January deplored "the
recent armed intervention in Afghanistan" and called for the
withdrawal of the foreign troops.
The Secretary-General launched a process of talks involving
Afghanistan, Pakistan, the Soviet Union, other neighbouring countries
and Security Council members. The talks, conducted by the
Secretary-General's Personal Representative, sought to reach a
settlement based on four elements: non-interference, return of
refugees, withdrawal of foreign troops and international guarantees.
Eight years of intensive negotiations based on those elements
culminated in a comprehensive settlement in April 1988. A timetable
was established for the withdrawal of the foreign troops.
On 14 April 1988 at a ceremony at the United Nations office at
Geneva, the Secretary-General presided over the signing of the
settlement, known as the Geneva Accords. The accords were signed by
the Foreign Ministers of Afghanistan and Pakistan, as well as by
those of the Soviet Union and the United States as guarantor States.
In line with the Accords, the signatories requested that United
Nations military personnel deployed in Afghanistan and Pakistan. The
United Nations Good Offices Mission in Afghanistan and Pakistan
(UNGOMAP) monitored the withdrawal of Soviet troops, which was
completed in February 1989. UNGOMAP continued to monitor aspects of
the Geneva Accords until March 1990.
In May 1988, in view of the gravity of the humanitarian situation,
the Secretary General called for establishing a United Nations common
system to deal with the needs of the country. This led to the
appointment of the Coordinator of the United Nations Humanitarian and
Economic Assistance Programmes relating to Afghanistan (UNOCA). In
June 1988, the Secretary-General issued an appeal for $1.1 billion in
international assistance. At a pledging conference in New York in
October, the Secretary-General and the Coordinator launched Operation
Salam, an international effort for relief and rehabilitation in
Afghanistan, for which UNOCA became responsible.
In 1989, UNOCA launched the first large-scale mine-clearance
programme in the world, which to date has cleared more than 42
million square metres. More than 2.3 million people have received
mine-awareness training.
With the continuing internal conflict in Afghanistan, the General
Assembly in November 1988 asked the Secretary-General to encourage a
comprehensive political settlement with a view to establishing a
broad-based government.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №5
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
AFGHANISTAN
In May 1989, the Secretary-General appointed a Personal
Representative in Afghanistan and Pakistan, who has subsequently,
through continuous contact with the various elements involved, sought
to find a peaceful solution to the conflict.
In May 1991, the Secretary-General outlined principles for a
political solution, which included the need to preserve the
sovereignty, territorial integrity, political independence and
non-aligned and Islamic character of the country; the recognition of
the right of Afghans to determine their own form of government and
choose their economic, political and social system; and the need for
an intra-Afghan dialogue leading to the establishment of a
broad-based government.
On 16 April 1992, following a period of intensifying conflict, the
Government of President Najibullah was replaced by a Majahidin
Government, which subsequently proclaimed the establishment of an
Islamic State. A few days later, the Secretary General travelled to
the region and met with the leaders of Pakistan and Iran. He stated
that peace and national unity were prerequisites for soliciting
financial and humanitarian assistance from the international
community, and reaffirmed that the United Nations was ready to assist
the Afghan people in the reconstruction of their country.
On 24 April, an Agreement on forming an interim government was
reached among most of the Afghan parties, in Peshawar, Pakistan.
These events led to the return of more than 1.5 million refugees,
increasing the need for humanitarian assistance. In June, the
Secretary-General issued a $197 million appeal for emergency relief
aid.
Serious fighting erupted in August, causing many casualties and
large-scale damage to the capital city of Kabul, and forcing United
Nations staff temporarily to evacuate the city. The Secretary-General
appealed for restraint and the resumption of dialogue, and the
Security Council issued a statement of concern.
In spite of a cease-fire, which permitted several United Nations
fact-finding and technical assistance missions to visit Kabul,
fighting and rocketing of Kabul erupted again in December 1992. The
hostilities put severe strains on the relief effort. By the end of
the year, about $ 87million had been received for humanitarian
assistance required in 1992.
In January 1993, UNOCA became the United Nations Office for
Coordination of Humanitarian Assistance to Afghanistan (UNOCHA),
reflecting a new emphasis on emergency programmes. Throughout the
year, United Nations agencies and non-governmental organizations
continued to provide humanitarian assistance. A new appeal was
launched, and by the end of the year close to $70 million had been
pledged.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №6
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
CYPRUS
Cyprus became independent in 1960, with a Constitution which was
intended to balance the interests of the island's Greek Cypriot and
Turkish Cypriot communities. In August 1960, Cyprus, Greece, Turkey
and the United Kingdom entered into a treaty which guaranteed the
basic provisions of the Constitution and the territorial integrity
and sovereignty of Cyprus.
Since the outbreak of fighting between the two communities in
December 1963, the United Nations has sought to secure a peaceful
settlement. The Security Council met on 27 December 1963 to consider
a complaint by Cyprus charging intervention in its internal affairs
and aggression by Turkey. Turkey maintained that Greek Cypriot
leaders had tried for more than two years to nullify the rights of
the Turkish Cypriot community and denied all charges of aggression.
In March 1964, the Security Council established the United Nations
Peace-keeping Force in Cyprus (UNFICYP), to prevent fighting, help
maintain law and order, and promote a return to normal conditions.
The efforts of the Secretary General and his Special Representative
in Cyprus led, beginning in 1968, to talks between the two
communities, which were held intermittently until early in 1974.
A coup d'йtat
in Cyprus on 15 July 1974 by Greek Cypriot and Greek elements
favouring union with Greece was followed by military intervention by
Turkey, whose troops established Turkish Cypriot control over the
northern part of the island.
The Security Council called for a cease-fire and laid the basis for
negotiations between Greece, Turkey and the United Kingdom, which
were held until mid-August, when they broke down. A further Turkish
military operation extended the area under Turkish Cypriot control in
the north. A cease-fire came into effect on 16 August.
Four days later, the Secretary-General appointed the United Nations
High Commissioner for Refugees as Coordinator of United Nations
Humanitarian Assistance for Cyprus. More than 200,000 people needed
assistance as a result of the hostilities. The High Commissioner
continues to aid displaced persons, and UNFICYP provides support to
the humanitarian effort.
In November 1974, the General Assembly called on all States to
respect the sovereignty, territorial integrity, independence and
non-alignment of Cyprus. It urged the withdrawal of all foreign armed
forces, a halt to foreign interference, and the return of refugees to
their homes. The Assembly stated that constitutional issues were to
be resolved by the two communities, and urged the continuation of
contacts which were taking place between the two communities with the
help of the Secretary-General.
These contacts broke off after the unilateral announcement by the
Turkish Cypriot leadership in February 1975 that a part of the island
would become the "Turkish Federated State of Cyprus". In
March, the Security Council expressed regret regarding this move, and
stated that the decision did not prejudge the final political
settlement.
Talks started in April under the auspices of the Secretary-General.
Agreement was reached that the Turkish Cypriots in the south of the
island would be allowed to proceed north with UNFICYP assistance, and
that a number of Greek Cypriots would be transferred to the north to
be reunited with their families. Greek Cypriots in the north would be
free to go south or to remain.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №7
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
the security council
In 1990, the Security Council reiterated that it foresaw a solution
based on the existence of one State comprising two communities, and
that the objective was a new Constitution regulating the relations
between the two communities on a federal, bicommunal and bi-zonal
basis. Both sides affirmed their commitment to the Council's views.
By March 1991, the Secretary-General was able to report to the
Security Council that discussions held by his representatives
with both sides in Cyprus and a senior official of the Ministry of
Foreign Affairs of Turkey in exploring a set of ideas for an overall
framework agreement had been useful. He noted that the clarifications
that had emerged should make it possible to bring the two sides
within range of agreement, particularly under three of the eight
headings of an overall framework agreement, namely, Overall
Objectives, Guiding Principles, and Security and Guarantees. The
Secretary-General felt that an agreement should be within reach if it
was possible to move forward on the issues of Territorial Adjustments
and Displaced Persons.
The Secretary-General conferred separately with the leaders of the
two communities in New York in January and March 1992. Reporting to
the Security Council in April, the Secretary-General stated that the
set of ideas would offer a fair basis on which an agreement could be
concluded. A week later, the Council endorsed the set of ideas as an
appropriate basis for reaching agreement.
In June, the Secretary-General began proximity talks in New York with
the two leaders. After a three-week intermission, the talks resumed
in July. Joint meetings between the two leaders continued in New York
in October-November, focusing on the set of ideas.
At a joint meeting in March 1993, the two leaders agreed to resume
negotiations in May, using the set of ideas to reach an overall
framework agreement. In April-May, the Secretary-General's Deputy
Special Representative undertook preparatory meetings in Cyprus. Both
leaders indicated their willingness to pursue agreement on 14
proposed confidence-building measures. The most significant were the
transfer of the vacant city of Varosha to United Nations
administration and its becoming a special area for bicommunal contact
and commerce; and the reopening of Nicosia International Airport,
under United Nations administration, for unhindered traffic with both
sides.
On the basis of these preparations, joint negotiations resumed in New
York in May, chaired by the Secretary-General. The meetings recessed
on 1 June to allow the Turkish Cypriot side to undertake
consultations in Nicosia and Ankara. The purpose of these
consultations was to promote acceptance of the Varosha/Nicosia
International Airport package of confidence-building measures. It was
agreed that the joint meetings would resume in New York no later than
14 June. However the leader of the Turkish Cypriot community did not
promote acceptance of the package and did not return to New York.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №8
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
United Nations Action for Peace
When the Government of President Samuel Doe was overthrown in 1990,
civil war broke out, causing the breakdown of law and order in
Liberia. In the following three years, the war claimed the lives of
between 100,000 and 150,000 civilians, with some 700,000 refugees
fleeing to neighbouring countries. Liberia remained divided: the
Interim Government of National Unity administered the capital city of
Monrovia; the National Patriotic Front of Liberia (NPFL) controlled
nine counties; and the United Liberation Movement of Liberia for
Democracy (ULIMO) controlled the remaining three counties.
From the outset of the conflict, the Economic Community of West
African States (ECOWAS), a subregional organization made up of 16
countries, took initiatives towards a political settlement. These
included creating a Military Observer Group (ECOMOG) in August 1990,
and mediating agreements which became the basis for the peace plan of
November 1990. On 30 October 1991, ECOWAS brokered the Yamoussoukro
IV Accord, which provided for the disarmament of warring factions
under ECOMOG supervision, and the establishment of transitional
institutions to carry out free and fair elections.
The United Nations supported from the start the efforts of the ECOWAS
member States. It also provided humanitarian assistance through its
agencies and programmes. The United Nations Special Coordinator's
office opened in 1990 to respond to the needs of Liberians throughout
the country. Arrangements were made to assist those who fled to
neighbouring countries, mainly Cфte d'Ivoire, Guinea and Sierra
Leone.
To establish peace and stability in the country, the Security Council
on 19 November 1992 imposed a general and complete arms embargo on
Liberia, and requested the Secretary-General to dispatch an envoy.
The Secretary-General appointed a Special Representative for Liberia,
who visited Liberia and eight other countries in the region.
In March 1993, the Secretary-General reported to the Security Council
that the Special Representative's talks with the parties indicated a
consensus for a larger United Nations role in the search for peace.
The Council asked the Secretary-General to discuss with ECOWAS and
the parties the contribution which the United Nations could make.
On 6 June 1993, nearly 600 Liberians, mainly people displaced by the
war, were killed in an armed attack near the Liberian town of Harbel.
The Security Council condemned the killings and asked the
Secretary-General to launch an investigation.
The investigation panel concluded that the killings had been carried
out by units of the Armed Forces of Liberia (one of the parties to
the conflict), and that NPFL, to which the act of violence had
initially been attributed, had had no role in it. The panel added
that this finding did not diminish the responsibility of NPFL, ULIMO
and others alleged to have engaged in similar atrocities, and
recommended investigating such atrocities.
On 25 July 1993, after a three-day meeting in Cotonou, Benin, under
the co-chairmanship of the Secretary-General's Special
Representative, the envoy of the Organization of African Unity (OAU)
and the Executive Secretary of ECOWAS, the parties signed the Cotonou
Peace Agreement. The Agreement provided for a cease-fire, the
disarmament and demobilization of military units, a transitional
government, and general and presidential elections. A" Joint
Cease-fire Monitoring Committee was set up, comprising the three
Liberian parties, ECOMOG and the United Nations.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №9
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
United Nations Action for Peace
On 22 September, the Security Council established the United Nations
Observer Mission in Liberia (UNOMIL), to assist in implementing the
peace agreement. Under the agreement, ECOMOG had the primary
responsibility for implementation; UNOMIL would monitor and verify
the impartial application of the implementation procedures. UNOMIL
was the first United Nations peace-keeping mission undertaken in
cooperation with a peace-keeping operation already set up by another
organization.
The task of UNOMIL comprised monitoring the cease-fire, the arms
embargo and the disarmament and demobilization of combatants;
assisting in humanitarian activities, including the return of
refugees and displaced persons; and observing the election process,
conducted by the transitional government.
In accordance with the Cotonou Agreement, ECOMOG was to be reinforced
by troops from countries outside West Africa. On the basis of an
ECOWAS appeal, the Secretary-General set up a Trust Fund to assist in
the deployment and maintenance of the ECOMOG troops. In September
1993, the United States pledged $19.8 million to the Trust Fund, for
the deployment and maintenance of the additional troops and for
covering some maintenance costs of the existing troops. In January
1994, battalions from Tanzania and Uganda were deployed to Liberia.
After months of stalemate, the Liberian National Transitional
Government (LNTG) was installed on 8 March 1994. Elections were to be
held in September. But the demobilization proceeded slowly, and came
to a halt with the emergence of two new armed factions and
accusations that both NPFL and ULIMO had resumed hostilities.
Increased fighting forced the UNOMIL observers to move from many of
the rural areas to the more secure Monrovia, since the authority of
the LNTG could not be extended beyond the capital. Both the NPFL and
ULIMO experienced internal divisions, further adding to instability.
The elections were postponed indefinitely.
In September, President Jerry Rawlings of Ghana, the ECOWAS Chairman,
convened the NPFL, ULIMO and AFL for peace talks attended by the OAU
and the United Nations at Akosombo, Ghana. The Akosombo Agreement,
signed on 12 September, sought to reinforce and supplement the
Cotonou Agreement, recognized as the framework for peace. On 21
December, all warring factions concluded in Accra, Ghana, a peace
agreement calling for a cessation of hostilities, the seating of a
new transitional government, disarmament of combatants and the
eventual holding of elections.
In April 1995, the Secretary-General reported to the Security Council
that the peace process remained at an impasse. The Council urged the
parties to install a transitional government, re-establish a
cease-fire and take steps to implement the Accra Agreement.
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:
уголовное
право и криминология;
уголовно-исполнительное
право)
билет №10
Task I. Translate from English into Russian in
writing using a dictionary. Your
time is 45 minutes
The United Nations: STRUCTURE OF THE ORGANIZATION
The Charter established six principal organs of the United Nations:
GENERAL ASSEMBLY
The General Assembly is the main deliberative organ. It is composed
of representatives of all Member States, each of which has one vote.
Decisions on important questions, such as those on peace and
security, admission of new Members and budgetary matters, require a
two-thirds majority. Decisions on other questions are reached by a
simple majority.
Functions and powers
Under the Charter, the functions and powers of the General Assembly
include:
to consider and make recommendations on the principles of
cooperation in the maintenance of international peace and security,
including the principles governing disarmament and the regulation of
armaments;
to discuss any question relating to international peace and security
and, except where a dispute or situation is being discussed by the
Security Council, to make recommendations on it;
to discuss and, with the same exception, make recommendations on any
question within the scope of the Charter or affecting the powers and
functions of any organ of the United Nations;
to initiate studies and make recommendations to promote
international political cooperation, the development and
codification of international law, the realization of human rights
and fundamental freedoms for all, and international collaboration in
economic, social, cultural, educational and health fields;
to make recommendations for the peaceful settlement of any
situation, regardless of origin, which might impair friendly
relations among nations;
to receive and consider reports from the Security Council and other
United Nations organs;
to consider and approve the United Nations budget and to apportion
the contributions among Members;
to elect the non-permanent members of the Security Council, the
members of the Economic and Social Council and those members of the
Trusteeship Council that are elected; to elect jointly with the
Security Council the Judges of the International Court of Justice;
and, on the recommendation of the Security Council, to appoint the
Secretary-General.
Under the "Uniting for peace" resolution adopted by the
General Assembly in November 1950, the Assembly may take action if
the Security Council, because of a lack of unanimity of its permanent
members, fails to act in a case where there appears to be a threat to
international peace, breach of the peace or act of aggression. The
Assembly is empowered to consider the matter immediately with a view
to making recommendations to Members for collective measures,
including, in the case of a breach of the peace or act of aggression,
the use of armed force when necessary to maintain or restore
international peace and security.
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:
бухгалтерский
учет; статистика)
билет №1
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
completion
OF FINANCIAL
STATEMENTS
AND THEIR PUBLICATION
Introduction
When a company has prepared its annual financial statements in
accordance with the provisions of the Act, the directors of the
company are required to approve, sign and lay the financial
statements and reports before the company in general meeting. A
private company, however, may elect to dispense with laying its
financial statements and reports before the company in general
meeting. The directors of the company are also required to deliver
the financial statements and reports to persons entitled to receive
them and to the Registrar of Companies. There are also rules that
companies have to comply with when they publish their financial
statements. In addition, there are provisions for the revision of
defective financial statements or reports. These and other
requirements are considered in more detail in this chapter.
Directors’
duties
Preparation and approval of financial statements
The directors have a duty to prepare annual financial statements for
the company under section 226(1) of the Act, and this obligation is
discussed in chapter 2.
The board of directors has to approve the company's financial
statements and they must be signed on behalf of the board by a
director of the company.
In addition, a director is required to sign, on behalf of the board
of directors, a copy of the company's balance sheet that is to be
delivered to the Registrar of Companies.
Every copy of the balance sheet that is laid before the company in
general meeting, or that is otherwise circulated, published or
issued, should state the name of the person who signed the balance
sheet on, behalf of the board.
In addition to the legal requirement, SSAP 17
requires that the financial statements should disclose the date on
which the board of directors approved the financial statements. The
date of approval will normally be the date on which the board of
directors formally.
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:
бухгалтерский
учет; статистика)
билет №2
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
The system of
corporation tax
Scope of the tax
Corporation tax ('CT') is charged on the profits (computed as
described in the next chapter) of a company for an accounting period.
The term 'company' includes an unincorporated body, such as a club,
but not a partnership.
A company's residence status determines whether or not it is
chargeable to CT in respect of the whole of its profits. If a
company is resident in the UK for CT purposes (as explained in
chapter 10.1(a)), and this includes most companies incorporated in
the UK, it is chargeable to CT on all its sources of income, and
chargeable gains, wherever arising and whether or not remitted to
this country.
A non resident company will, broadly, only be chargeable to CT on its
profits derived from trading operations in the UK and chargeable
gains arising from the disposal of UK assets used for such
operations, although other income derived from sources in this
country will, subject to the terms of any relevant double tax treaty,
be liable to income tax. It is a question of fact as to whether a
non-resident is trading in the UK. Whilst the fact of contracts being
made in the UK is important, probably of more importance is the place
where the operations take place from which the trading profits in
substance arise; however, this is again subject to any relevant
double tax treaty between the UK and the country of residence of the
overseas company.
2.2 Rates of corporation tax
(a)
Rates
To enable companies to plan ahead, rates of CT are fixed annually, in
advance, for a financial year, from 1 April to the following 31
March. Thus the Finance Act 1990 fixed the rate of CT for the period
from 1 April 1990 to 31 March 1991 at 35%.
If a company's accounting period straddles 31 March it is necessary
to apportion its profits on a time basis to ascertain the amounts
subject to the particular rates of CT.
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:
бухгалтерский
учет; статистика)
билет №3
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
The requirements of both the Act and SSAP 17 will
he satisfied if the directors minute their
approval of the financial statements at a hoard meeting and include,
at the foot of the balance sheet, a note along the following lines:
The pages of the financial statements that are being approved should
normally include, where applicable, any supplementary accounts or
other financial statements (such as a value added statement or
current cost information). The reason for this is that the directors
should acknowledge their responsibility for .any such financial
information that is presented.
Alternatively, a similar statement may be included in the directors'
report (for example, see Table 88). But when this alternative
presentation is adopted, the Act still requires a director to sign
the balance sheet of the company.
approval
OF ACCOUNTS
The accounts on pages 12 to 25 were approved on 11th April, 1989, by
the Board of Directors, who authorised two Directors to sign the
accounts on behalf of the Board.
The Act also requires the directors' report to be approved by the
board of directors and signed by one director or by the company's
secretary. The approval and signing of directors' reports are
considered further in chapter 20 paragraphs 20.42 to 20.44.
Where a parent company prepares consolidated financial statements in
accordance with the Act, it is not required to include its own profit
and loss account in the group's consolidated financial statements
(see further 'Manual of Accounting - volume II' chapter 4). In this
situation, the company's individual profit and loss account must be
approved by the board of directors and signed on behalf of the board
by a director of the company in accordance with section 233(1).
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:
бухгалтерский
учет; статистика)
билет №4
Task I.
Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Presentation of financial statements at general meetings.
The directors have a duty to present the financial statements of the
company to the shareholders each year at a general meeting of the
company.
The financial statements do not necessarily have to be laid before
the shareholders at the annual general meeting. Another general
meeting will suffice. In practice, however, most companies do lay
their annual financial statements before the shareholders at their
annual general meeting. The financial statements presented at that
meeting should include:
• The company's profit and loss account and balance sheet.
• The directors' report.
• The auditors' report.
• The company's consolidated financial statements (if the
company has subsidiaries).
• The statement of source and application of funds (if
applicable).
However, a private company may elect to dispense with laying its
financial statements and reports before the company in general
meeting (see para 25.20).
Delivery of financial statements to the Registrar of Companies
Individual companies
The directors of the company also have a duty to send to the
Registrar of Companies a copy of the financial statements of the
company (see also para 25.38). Where that copy of the financial
statements is not in English, a certified translation of the
financial statements also has to be delivered to the Registrar of
Companies
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:
бухгалтерский
учет; статистика)
билет №5
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Where a company is
exempt from the requirements to prepare consolidated financial
statements, a copy of the ultimate parent company's financial
statements must be appended to the company's financial statements
delivered to the Registrar of Companies. This requirement applies
where the company is itself a wholly-owned subsidiary of a EC parent
or the EC parent holds more than 50 per cent of the shares in the
company and no notice has been served on the company to prepare
consolidated financial statements. If the EC parent does not prepare
its financial statements in English, a certified translation of the
EC parent's financial statements into English must be appended (sec
further 'Manual of accounting -volume 'H' chapter 2).
Subsidiaries
excluded from consolidation
Special rules apply where a parent company has a subsidiary
undertaking which is excluded from consolidation under section 229(4)
on the grounds that its activities are different from those of the
rest of the group, and the subsidiary is either a body corporate
incorporated outside Great Britain without an established place of
business in Great Britain or an unincorporated undertaking. These
provisions are further explained in 'Manual of Accounting - volume
II' chapter 3.
A copy of the excluded undertaking's latest individual financial
statements and, if it is a parent, its latest consolidated financial
statements, should he appended to the company's annual financial
statements delivered to the Registrar of Companies. A copy of the
'auditors' report should also he appended if the financial statements
are required by law to be audited. Other requirements that must be
complied with are as follows:
• The financial statements must be for a period ending not more
than 12 months before the end of the financial year for which the
parent company financial statements are made up.
• If any document required to be appended is in a language
other than English, a certified translation of that document should
accompany it.
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:
бухгалтерский
учет; статистика)
билет №6
Task I. Translate from English into Russian in
writing using a dictionary. Your time is 45 minutes
As discussed in chapter 20 paragraphs 20.6 to 20.10, the directors'
report must give details of any significant events that occur between
the end of the financial year and the dale on which the directors
approve the financial statements. SSAP 17 contains a similar
requirement.
SSAP 17 says that it relates only to those events
that occur before the date on which the directors approve the
financial statements. However, the standard goes on to say that, "If
(events occurring after that dale) are material the directors slould
consider publishing the relevant information so that users' of
financial statements are not misled".
[SSAP 17 para 4]. Also, if the company is either listed on The
Internal ional Stock Exchange or traded on the USM, The
International Stock Exchange's Continuing Obligations or the USM's
General Undertaking (as appropriate) require the company to inform
the Quotations Department of The International Stock Exchange of any
significant events that occur at any time that affect the company.
[CO 5, GU 1].
If the auditors become aware of any significant event that has
occurred between the date on which the directors approve the
financial statements and the dale of the relevant general meeting,
they should consider whether they should advise the company's
directors to disclose that event or exercise their rights to speak at
the meeting.
Persons
entitled to receive the financial statements
Every member of the company, every debenture holder of the company,
and every person who is entitled to receive notice of general
meetings is entitled to receive a copy of the annual financial
statements. A copy must be sent to them not less that 21 days before
the date of the meeting at which the financial statements are to be
presented. [Sec 238(1)].
A copy must also be given to the company's auditors. (Sec 390(1)]. In
addition, the company's bankers may require that they should receive
copies of the company's financial statements, and this requirement
could he an enforceable term of either a loan agreement or a facility
agreement.
In addition to the right that a member has to be sent a copy of the
annual financial statements (as mentioned in para 25.31), every
balance sheet date is disclosed in the financial statements), the
Registrar of Companies will accept, for filing, a UK company's
financial statements that have been prepared in a foreign currency.
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:
бухгалтерский
учет; статистика)
билет №7
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
A public company is incorporated on 1st August 1989, and its first
accounting reference period ends on 31st December 1990 (that is, 17
months later). The company must deliver its financial statements to
the Registrar of Companies by 31st March 1991. This is because the
period allowed is the later of three months after the end of the
accounting reference period, that is 31st March 1991 and seven months
from the first anniversary of the inception of the company, that is
28th February 1991.
If the directors of a company that carries on part of its business
overseas or has interests overseas (that is, the business is carried
on outside the UK, the Channel Islands and the Isle of Man) have
notified the Registrar of Companies of this business, or of the
interests, before the end of the period allowed for laying and
delivering financial statements (see paras 25.39 and 25.41), then
they may claim an extension to the period allowed for filing. This
extension is for a further three months. [Sec 244(3)].
A company may shorten its accounting reference period by notifying
the Registrar of Companies. Section 225 of the Act sets out the
procedures a company must follow to shorten its accounting reference
period (see chapter 2 para 2.38). Where a company takes advantage of
section 225 and shortens its accounting reference period, the period
it is allowed for filing its financial statements dial cover this
shortened period will be the longer of:
• The period allowed as described in paragraphs 25.39 and 25.41
above.
• Three months after the date on which the notice was given to
the Registrar of Companies to change the accounting reference date.
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:
бухгалтерский
учет; статистика)
билет №8
Task
I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Probably the main tax considerations when raising finance are to
ensure that the interest is tax deductible in the country where tax
rates are highest (profits permitting) and, where loans are raised in
the capital markets, to ensure the lender receives gross interest.
Overseas exchange control regulations must also be borne in mind.
Depending on how overseas tax rates compare with those in the UK,
consideration should be given to borrowing in the UK and onlending at
higher rates of interest, or alternatively borrowing in the UK and
using the funds to subscribe for shares in the overseas company.
Sometimes it may be sensible for the overseas company to borrow
direct from the third party lender. However, local management may not
be happy if they are loaded with too much debt, especially if this
results in the creation or augmentation of losses; on the other hand
interest-free loans to overseas subsidiaries suffer from the
disadvantage referred to in 10.3 above.
The following are some of the other factors which should be taken
into account in deciding the method of financing overseas companies:
(a) loan interest is often allowed as a deduction from profits for
overseas tax purposes (subject to the satisfaction of any debt/
equity ratio test under the overseas country's 'thin capitalisation'
rules), whereas dividends are not;
(h) in many cases there is a withholding tax on dividends, but often
not on interest;
(c) the raising of finance locally may be advisable from the
standpoint of local political considerations;
(d) loan finance has the advantage of flexibility (e.g. monies can be
remitted to the UK by way of loan repayments and debt can be
converted into equity);
(e) it is sometimes easier, from a local exchange control viewpoint,
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