Семейное право век

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 Furni?

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

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 Furni?

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 37^th 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: 10^th Anniversary of Antimonopoly Bodies.

15 August 2000

Dear Mr KOEZUKA

We have the pleasure to invite you to participate in the International Conference "10^th 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 9^th International Conference on Competition, which will be held on 10 and 11 May 1999 at the Hotel Intercontinental Berlin.

The subject of the 9^th International Conference on Competition is:

Mega-mergers

I would be very pleased to welcome you to Berlin as a participant at our 9^th 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

Семейное право век

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