Vermont avenue, N.W. washington, D.C. 20571

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

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: гражданское право; предпринимательское право;
семейное право; мчп)

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

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: гражданское право; предпринимательское право;
семейное право; мчп)

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

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

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: гражданское право; предпринимательское право;
семейное право; мчп)

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