UNIT 12 THE STRUCTURE OF THE MINISTRY OF FOREIGN AFFAIRS: DIRECTORATE GENERAL FOR LEGAL AFFAIRS
1. What do you know about the functions of the Directorate General
for Legal Affairs? What matters does the Directorate General for Legal
Affairs deal with? What subdivisions does it consist of? What are the
functions of the Legal and Treaty Department, the Chief Legal Advisor
Service and the Official Translation and Interpretation Department?
Who keeps records and systemizes international treaties concluded by
Ukraine? Who gives proposals about mechanisms of implementing rules
of international law? Who carries out legal expertise of international
treaties and political documents? Who pre pares international legal explanation
of Ukrainian position and initiatives in the process of its foreign
policy activities? Who focuses on legal and treaty arrangement of
the Ukrainian state borders? Who deals with the problems of adapting
the Ukrainian legislation to that of the European Union? Who provides
protection against claims in foreign courts and in ternational arbitrage
institutions? Which subdivision analyses and generalizes materials concerning
en forcement measures in international law? Who provides for
the comprehensive legal support of the MFA of Ukraine? What is the
main task of the Chief Legal Advisor Service? Who arranges and carries
out activities related to claims? Who focuses on the consistence of
Ukrainian legislation with the rules of international law? Who carries
out legal expertise of documents drawn up by legal entities of Ukraine?
Who provides official translations of inter national treaties of Ukraine?
Who deals with authenticity of texts of Ukraine’s international treaties?
2. You are going to read a text about the Directorate General for Legal
Affairs. Which of the following concepts can you expect in the text?
Why or why not? application legal support international treaties comprehensive international law
draw up keep records national legislation independent legal expertise
submit keep track political documents law-making state borders
sphere as sistance legal explanation harmonizing foreign courts
member proposal practical mea sures entry into force legal entities
claims ob jectives protection of rights com petence consistent
adapt observance in ternational arbitrage implementation consultative
systemize economic effective legislation methodical interpretation
initiative en forcement sanction regimes translation official meeting
social sub division legal consequences authenticity delegation
official diplomatic mechanism of implementing high-ranking contribution
3. You are going to read four passages about the Directorate General for
Legal Affairs (DGLA). For questions 1–20 choose from texts A – D. The
texts may be chosen more than once. When more than one answer is
required, they may be given in any order. There is an example at the
beginning (0).
A. DGLA in general
Which of DGBC B. Legal and Treaty Department
Departments: C. Chief Legal Advisor Service
D. Official Translation and Interpretation Department
A B C D
provides legal support for the foreign policy activities
of Ukraine
0 •
provides a comprehensive legal support to the MFA of
Ukraine in fulfilling its ob jectives
1
pre pares international legal explanation of Ukrainian
position and initiatives in the process of its foreign
policy activities
2
takes part in law-making activities 3
provides for the legal and treaty arrangement of the
Ukrainian state borders
conducts legal expertise of documents drawn up by legal
entities of Ukraine and foreign states
takes practical mea sures in adapting the Ukrainian
legislation to that of the European Union
provides official translations of inter national treaties of
Ukraine
provides for the protection of Ukraine’s rights and
interests as to claims against Ukraine submitted to
foreign courts and in ternational arbitrage institutions
Contributes to the proposals on harmonizing Ukrainian
legislation with the rules of international law
carries out legal expertise of draft international treaties
and foreign political documents of Ukraine
has a status of an independent structural sub division of
the Ministry
keeps track of the entry into force of the international
treaties and their implementation
supervises the observance and application of the
effective Ukrainian legislation in official, economic and
social spheres of activities of the MFA and diplomatic
missions abroad
elaborates proposals concerning mechanisms of
implementing rules of international law into the national
legislation provides as sistance to the Ministry’s subdivisions
and Ukrainian diplomatic missions abroad on issues
concerning the national legislation of Ukraine
assists in the implementation of MFA’s functional tasks 16
arranges and car ries out work related to claims 17
keeps records and systemizes international treaties
concluded by Ukraine
carries out the law-making activities 19
analyses and generalizes materials on en forcement
measures in international law and the legal consequences
of their application, including sanction regimes
establishes authenticity of the texts of Ukraine’s
international treaties
A The main function of the Directorate General for Legal Affairs,
which consists of the Legal and Treaty Depart ment, Official Translation
and Interpretation Service and Chief Legal Advisor Service, is legal support of foreign policy activities of Ukraine, in particular of functional
tasks set before the MFA
BThe Legal and Treaty Department keeps records and systemizes
international treaties concluded by Ukraine; it also keeps track of
their entry into force and implementation. The Department elaborates
proposals concerning mechanisms of implementing rules of international
law into national legislation and carries out legal expertise of draft
international treaties and foreign political documents of Ukraine. The Department
pre pares international legal explanation of Ukrainian position and
initiatives in the process of its foreign policy activities. One of important
directions of the Department’s work is legal and treaty arrangement of the
Ukrainian state borders, as well as contribution to practical mea sures aimed
at adapting the Ukrainian legislation to that of the European Union within the
Ministry’s com petence. This subdivision arranges and coordinates protection
of Ukraine’s rights and interests with regard to claims against Ukraine
submitted to foreign courts and in ternational arbitrage institutions. The Department
analyses and generalizes materials concerning en forcement measures
in international law, as well as legal consequences of their application,
including sanction regimes.
CThe Chief Legal Advisor Service was created to improve legal work
within the MFA system; the Service has a status of an independent
structural sub division of the Ministry. The main task set before the
Chief Legal Advisor Service is to ensure comprehensive legal support of the
MFA of Ukraine in the course of fulfilling its ob jectives. In particular, the
Service ensures observance and application of the effective Ukrainian legislation
in official, economic and social spheres of activities of the Ministry
and diplomatic missions abroad. It also participates in law-making activities,
arranges and car ries out work relating to claims. Besides, the Chief Legal
Advisor Service promotes elaboration of proposals on harmonizing Ukrainian
legislation with the rules of international law. The Service fulfills legal expertise
of documents drawn up by legal entities of Ukraine and foreign states
to find if they are consistent with the Ukrainian legisla tion in force and rules
of international law. It also renders methodical, consultative and information
as sistance to the Ministry’s subdivisions and Ukrainian diplomatic missions
abroad on issues concerning the national legislation of Ukraine.
D The Official Translation and Interpretation Service provides official
translations of inter national treaties of Ukraine, as well as
interpretation during official meetings of Ukrainian high-ranking
officials and members of official delegations. Another task of the Service is
establishing authenticity of texts of Ukraine’s international treaties.
4. Go back to exercises 1 and 2. Can you answer the questions now?
5. Find in the text the words meaning:
1. Правовий департамент; 2. Договірно-правове управління; 3. Служ-
ба головного юридичного радника; 4. Служба офіційних перекладів;
5. правовий супровід; 6. забезпечення зовнішньополітичної діяльнос-
ті; 7. функціональні завдання, що стоять перед МЗС; 8. облік та сис-
тематизація укладених міжнародних договорів України; 9. стежить
за набуттям чинності міжнародних договорів України; 10. стежить за
практикою застосування міжнародних договорів України; 11. розро-
бляти пропозиції щодо механізмів імплементації міжнародно-право-
вих норм у внутрішнє законодавство України; 12. здійснювати правову
експертизу проектів міжнародних договорів та зовнішньополітичних
документів України; 13. готувати міжнародно-правове обґрунтування
позиції та ініціатив України; 14. в процесі здійснення зовнішньополі-
тичної діяльності; 15. важливий напрям роботи; 16. забезпечення дого-
вірно-правового оформлення державного кордону України; 17. участь
у практичних заходах з адаптації законодавства України до законо-
давства Європейського Союзу; 18. в межах компетенції міністерства;
19. організовувати та координувати процес захисту прав та інтересів
України; 20. у зв’язку з поданням позовів проти України до іноземних
судів та міжнародних арбітражних органів; 21. аналізувати та узагаль-
нювати матеріали, що стосуються примусових заходів у міжнародному
праві; 22. вивчати правові наслідків застосування примусових заходів;
23. режим вживання міжнародних санкцій; 24. З метою удосконалення
правової роботи; 25. мати статус самостійного структурного підрозді-
лу; 26. комплексне правове забезпечення МЗС України; 27. виконання
завдань, покладених на МЗС; 28. забезпечувати дотримання та засто-
сування чинного законодавства України; 29. службова, господарська
та соціальна сфера діяльності Міністерства; 30. діяльність закордон-
них дипломатичних установ; 31. здійснювати законотворчу діяльність;
32. організовувати та вести претензійну роботу; 33. сприяти розробці
пропозицій щодо приведення чинного законодавства України у відпо-
відність до норм міжнародного права; 34. проводити правову експер-
тизу документів юридичних осіб України та іноземних держав; 35. на
предмет дотримання чинного законодавства України та норм міжнарод-
ного права; 36. надавати методичну, консультативну та інформаційну
допомогу підрозділам Міністерства; 37. надавати допомогу закордон-
ним дипломатичним установам України з питань внутрішнього зако-
нодавства України; 38. забезпечувати здійснення офіційних перекладів
міжнародних договорів України; 39. забезпечувати усний переклад під
час офіційних зустрічей вищих посадових осіб України та членів офі-
ційних делегацій; 40. встановлювати автентичність текстів міжнарод-
них договорів України.
6. Fill in the blanks in the sentences below with the English equivalents
of the words and word-combinations from exercise 5.
1.The main function of the Directorate General for __________ Affairs is
legal __________ of foreign policy activities of Ukraine, in particular of __
________ tasks set before the MFA. 2. The Directorate General for Legal __
________ consists of the Legal and __________Depart ment, Official Translation
and __________ Service and Chief Legal __________Service. 3. The
__________and Treaty Department __________ records and systemizes
international __________concluded by Ukraine. 4. The Legal and Treaty
__________ keeps track of the entry into __________ and implementation
of the international treaties. 5. The Legal and Treaty Department ______
____ proposals concerning mechanisms of __________rules of international
law into national __________ and carries out __________ expertise
of __________ international treaties and foreign political __________ of
Ukraine. 6. The Legal and Treaty Department pre pares international ____
______ explanation of Ukrainian position and __________ in the process
of its foreign __________ activities. 7. The Legal and Treaty Department is
involved into the legal and treaty __________ of the Ukrainian __________
borders, and into the contribution to practical mea sures to __________ the
Ukrainian legislation to that of the European __________ within the Ministry’s
__________. 8. The Legal and Treaty Department arranges and coordinates
__________ of Ukraine’s rights and interests with regard to _____
_____ against Ukraine submitted to foreign __________ and in ternational
__________ institutions. 9. The Legal and Treaty Department analyses and
__________ materials concerning __________ measures in international
__________ and the __________ consequences of their application, including
__________ regimes. 10. The Chief Legal __________ Service was
created to improve __________work within the MFA system. 11. The Chief
__________Advisor Service has a status of an __________ structural subdivision
of the Ministry. 12. The main task of the __________ Legal Advisor
Service is to provide __________ legal support of the MFA of Ukraine
in fulfilling its __________. 13. The Chief Legal Advisor __________ ensures
observance and __________ of the __________ Ukrainian legislation
in official, __________ and social spheres of activities of the Ministry and
diplomatic __________ abroad. 14. The Chief Legal Advisor Service is also
involved into law-__________ activities. 15. The Chief Legal Advisor Service
__________ and car ries out work __________ to claims. 16. The Chief
Legal Advisor Service promotes __________ of proposals on harmonizing
Ukrainian __________ with the rules of international __________. 17. The
Chief Legal Advisor Service conducts __________ expertise of documents
drawn up by legal __________ of Ukraine and __________ states to find if
they are __________ with the effective Ukrainian __________ and rules of
__________ law. 18. The Chief Legal Advisor Service provides methodical,
consultative and information __________ to the Ministry’s subdivisions
and Ukrainian diplomatic missions __________on issues concerning
national __________ of Ukraine. 19. The Official Translation and ______
____ Service provides official __________of inter national __________of
Ukraine, as well as __________during official meetings of Ukrainian high-
__________officials and members of official delegations. 20. The Official
__________ and Interpretation Service also establishes __________ of texts
of Ukraine’s international __________.
7.Work in pairs. Reproduce the texts about the Directorate General for
Legal Affairs to your partner. Use the headlines below as the backbone
for your story.
1. The Directorate General for Legal Affairs: General Background
2. Legal and Treaty Department
3. Chief Legal Advisor Service
4. Official Translation and Interpretation Service
8. Read the text (adapted from the article by Kseniya MELESHKO in
The Day of March 30, 2004) and answer the following question: What
are the main problems in the adaptation of Ukrainian legislation to the
European one?
Why Do Ukrainian Officials Not Study European Law?
A joke something like a parable says, “A young man is asking a fortuneteller
to predict his future. ‘You’ll be a pauper until you are thirty,’ the fortuneteller
replies. ‘And then?’ ‘Then you’ll get used to it’.” It is the same with
us: while dreaming of a personal deck chair in Hawaii, we are missing our
chance to come closer to an affluent and sensible life.
Ukraine had this kind of a chance two years ago, when the TACIS program,
subsidized by European taxpayers, launched a project called Legal
Education in Ukraine: Kyiv and the Regions. This is by not some boring
course for narrow specialists. Everything is much more serious: Europe’s
best experts teach European Union law to Ukraine’s “pivotal” people, such
as university professors and ministerial functionaries, who will in turn pass
on their knowledge to people entrusted with adopting viable laws in this
country. But almost a half of the invited civil servants do not come to get
this most precious — and free — knowledge! Besides, the classes are conducted
during office hours.
POLITICAL UNDERTONES
Lectures in European Law often trigger heated debates because, as a rule,
our experts have never come across European law in practice. Nor is this
subject taught in Ukrainian universities and colleges. Moreover, it is even
unclear how this country has so far been able to address the problems of
trade with he European Union, for we have practically no specialists in European
law.
“We have already finished training fifty teachers from four Ukrainian universities
and are going to continue teaching 240 civil servants and seventy private
lawyers in 2004,” says Jolanta Taczynska, project manager and professor
of Lodz University’s Department of European Law in Poland. “Naturally,
this number of people is a drop in the ocean, but we are doing our work in
such a way that the knowledge gained could later be put to use by a wide
circle of people.”
Of course, one can ask the question of to what extent will EU canons suit
us. For Ukraine is, in a way, an eastern country and its residents have a different
mentality. But is it not worthwhile to bring our life into line with European
standards? They are better, especially as far as fundamental human
values are concerned.
The EU knows all too well that Ukraine lacks money to study European
law. This is why they are ready to teach us free of charge and invite Ukrainian
experts to Europe – also at EU expense – to gain hands-on experience
in European law. Yet, it would be wrong to exult over the project as an absolutely
free enterprise. As we know, nothing is free in real life. Since Ukraine
is becoming the European Union’s immediate neighbor, this also causes serious
concern for the Europeans, for they want civilized neighbors.
“The closer Ukraine approaches the European Union’s borders, the more
intensively the Europeans are letting us into the circle of their problems,”
says Liudmyla Holibardova, a project expert. “For is better to have a good
and predictable neighbor... But, unfortunately, there are very few people
in Ukraine who rely think about the prospects. From this perspective, it is
difficult to overestimate the EU’s role: we are being given a most powerful
impulse to be able to take care of our tomorrow and drop outdated
stereotypes. Incidentally, Russia has not yet had any similar project as part
of TACIS.”
HOW DOES THE PRINCIPLE OF TRANSPARENCY LOOK?
Later in March Kyiv is to host a European management conference intended
for representatives of Ukraine’s “upper echelon,” that is, people directly involved
in shaping our legislation by which this country’s behavior is judged
on the international arena. It was originally planned to hold the conference
in October. At that time, however, Ukraine was hesitating again whether to
go East or West.
Today, Ukraine seems to have made its choice, which attaches still greater
importance to the issues to be discussed at the March conference. For example,
what is the difference between managerial and governmental functions?
It turned out that many Ukrainian experts are still in the dark about this
subject. What is the role of government and non-governmental organizations
in the establishment of a law-governed state? What does the principle
of transparency mean in the governance of a country? Very much in our
lives depends on the proper understanding of these issues.
Meanwhile, Ukraine has signed a memorandum on establishing the Association
of Higher Educational Institutions, which is drawing up courses on
European law. The project will help launch a distance learning program that
will make it possible to gain knowledge in European law for practically
everyone who wants to.
University libraries are to very soon receive the most up-to-date literature
on European law, a thing Ukraine has yet to see at all. The project provides,
among other things, for the publication of a badly needed glossary of European
legal terms in Ukrainian, Russian, and English.
The project is picking up steam, but some civil servants are still asking their
instructors, “What’s the use of European law if Ukraine is moving in the
opposite direction?”
Note: Before the EU was formed, the laws of European countries functioned
on their own. In 1957, the treaty was signed on the establishment of the European
Economic Community, and since then all economic matters have
been addressed under European law, which is constantly evolving. Experts
from all EU member states take part in working out common European rules
of the game. It would be wrong to say, however, that European law is based
on the experience of one specific country. European law is the law of all the
EU countries. European law has precedence over nationals laws should a
dispute arise between them.
COMMENTARY
Oleksandr SHNYRKOV, Professor and deputy director of the Institute
of International Relations, Kyiv Taras Shevchenko National University:
“While earlier it was said that politics is the art of the impossible, under our
conditions it is more the art of the possible. One can no longer think today
in the categories of national laws only. One should take a realistic approach
to the situation: all the fundamental issues connected with access to the European
market are subject to the norms of European and not national law. Thus,
irrespective of any changes in Ukraine’s foreign policy priorities, I do not
think we have any other option from the strategic viewpoint: in our era of
globalization, Ukraine must in one way or another work with Europe. Moreover,
it is desirable not just to cooperate but to integrate with Europe.”
9. Read the text (adapted from the article by Vitaliy KNIAZHANSKY
in The Day of January 20, 2004) and answer the following question:
What are the main problems in implementing international laws against
money laundering in Ukraine?
Shadow of FATF
On January 15 a mission of the Financial Action Task Force on Money
Laundering (FATF) arrived in Ukraine. Addressing a cabinet meeting the
day before, Premier Viktor Yanukovych informed the ministers about the
mission’s visit, accentuated the work of the law enforcement services, and
said that he briefed their chiefs earlier in the week.
As we know, the campaign against money laundering in Ukraine is run by
the State Department of Financial Monitoring in the Finance Ministry, which
also coordinates the activity of all other departments in this direction. The
FATF mission has obviously been instructed to determine whether Ukraine
has done enough to be removed from the FATF blacklist. The government
expects this to happen in February 2004 after it successfully demonstrates to
the FATF mission how it implements the money-laundering laws.
That Yanukovych briefed the uniformed services on this issue could be evidence
of some new requirements put forth by the FATF and the resulting
shift of accents in this work in Ukraine. It was no accident that Yanukovych
stressed that this year the government faces a difficult task of bringing the
Ukrainian economy out of the shadows. Quite probably, in the measures
taken to this end the government will alter the ratio between economic and
forceful methods in favor of the former. Such changes are long overdue. Yet
care should be taken not to allow our law enforcement to overdo it, as is
often the case, and prevent them from cracking down on private structures
that have fallen into disfavor of the authorities.
“I would like us to include in the cabinet action plan measures that envision
combating the shadow economy in the country. We must make this step, and
the FATF visit will be the first step,” the premier thus specified the goals
of state structures. In his view, a program drafted to this end should envision
both preventive action by the uniformed services and the drafting of
bills that would create transparent mechanisms enabling the economy and
citizens’ incomes to come out of the shadows. According to him, 47 % of
Ukrainian businesses are losing money. “Why? On the one hand, this ques157
tion goes to the local government, businessmen, and industrialists, and on
the other hand, it is a nationwide problem,” the premier stressed.
Recently, when introducing the new Zhytomyr Governor Serhiy Ryzhuk,
Yanukovych already touched on the issue of combating the shadow
economy. He then said that some businesses “conceal their incomes, which
move into the shadows.” In particular, according to Ukrainian experts, nearly
40 % of Ukraine’s economy is in the shadows. The premier cited this fact to
justify the need for reforms in the country, in particular a fiscal and pension
reform. “The task of the day for local government is to work on the transparency
of enterprises of various forms of ownership,” he said, adding that such
tasks are extremely difficult “since this year is also a year of political rivalry”
(referring to the presidential elections). “Our priority is to improve people’s
welfare. Let us strictly carry out our commitments,” he stressed. Speaking of
the possible mechanisms of bringing the economy out of the shadows, Yanukovych
said there is foreign experience that we will draw upon, taking into
account the possibilities of the legislation in force and its constant improvement
in the sphere of combating the shadow economy.
As for world experience, it was recently brought to Ukraine by World Bank
expert Theodore Greenberg, who visited Ukraine on the invitation of First
Vice Premier and Finance Minister Mykola Azarov. No reports have been
made on his conclusions and recommendations, but one can assume that
the crackdown on Odesa’s illegal distilleries that began after his visit was
somehow connected with the expert’s conclusions. Yet our law enforcement
officers, who have vast information available but are not always authorized
to use it, could have made this move by themselves. Moreover, the FATF
mission plans to visit Odesa, in which connection all our state agencies that
have their divisions or controlled commercial structures in this city ranging
from banks to credit unions and pawnshops are bending over backwards to
stage various inspections and briefings. Understandably, all their efforts will
not pass unnoticed, the FATF decision on Ukraine notwithstanding. Yet it is
questionable that this FATF mission will recommend a positive decision for
Ukraine, despite some officials’ belief to the contrary. In fact, none of them
doubts that visits by similar missions to Ukraine will continue.
10. Write a 300-word essay on the work of the Directorate General for
Legal Affairs and the functions of its subdivisions.