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Grammar focus: passive structures



I. Identify passive structures and translate the following sentences into Ukrainian:

1. The two witnesses were allowed to remain anonymous and not to give evidence in court because of their fear of reprisals by organised crime. 2. Where a decision is taken by an administrative authority, there must be a possibility of challenging it before a tribunal that functions in accordance with Article 6. 3. Public law cases before administrative courts in which compensation is claimed are within Article 6. 4. State action by way of withdrawal of a licence to run a medical clinic has been held to fall within Article 6 as well. 5. In accordance with the private law reading of civil rights and obligations, claims concerning a number of other rights have been rejected as falling outside the Article. 6. Decisions determining a person's liability to pay tax or eligibility for fiscal advantages have long been treated as a matter of public law. 7. This approach is adopted as being in accordance with the spirit of the Convention. 8. Supposing that a dispute exists, it is still necessary to show that civil rights and obligations are being determined by the proceedings to which it is sought to apply Article 6(1). 9. This requirement is clearly met where the determination of the applicant's civil rights and obligations is the primary purpose of the proceedings. 10. Many decisions are taken by the executive or some other body that is not a tribunal in the sense of Article 6.

II. Complete the sentences:

1. It has been established that... 2. It is prohibited to... 3. It is allowed to... 4. It has been found inadmissible... 5. It is presumed... 6. It is alleged that... 7. It has never been ascertained by the court...

III. Write as many sentences with passive structures as possible using the following words and phrases:

advance political claims, presume, apply, prohibit by domestic law, exercise the rights, govern, protect, recognise the right, conclude an agreement, dismiss the claim, enforce the judgment, reverse the judgment, comply with, render a decision, agree upon, refer to, guide by, deal with, disregard the requirements, settle the dispute, satisfy the claim, evaluate the facts, accede to the Convention, sign the contract, provide for by the constituent documents.

Patterns:

A) to violate human rights (Present Simple Passive)

Human rights are often violated.

B) to sign the Convention in 1997 (Past Simple Passive)

The Convention was signed in 1997.

C) to obtain more evidence in the case (Present Perfect Passive)

More evidence has been obtained to prove the circumstances of the case.

D) to conclude a contract (Future Simple Passive)

The contract will be concluded in May.

IV. Fill in the appropriate passive form of the verbs: recount, infringe, allow, make, base, follow, restrict, introduce, accuse. Use each word only once, but for ‘base’ and ‘introduce’ which should be used twice.

The right to a fair hearing may also...(1) in a criminal case when written statements by a person who does not appear as a witness...(2) in evidence or when the evidence...(3) by another person who does appear as a witness. The first in a series of cases concerning such evidence was Unterpertinger v. Austria. There the applicant's wife and daughter, whom he...(4) of assaulting, exercised their privilege as family members under Austrian law not to give evidence. Their statements to the police...(5) by the prosecution in evidence and the accused's conviction... (6) mainly on them. The Court held that because the accused could not confront the witnesses, his defence rights...(7) in breach of Article 6(1). The decision of a Chamber of the Court in the Unterpertinger case...(8) by a decision of the plenary Court in Kostovski v Netherlands. There, in breach of Articles 6(1) and (3)(d), the accused's conviction... (9) on statements before the court that... (10) earlier by one witness to the police and another to an examining magistrate. The two witnesses... (11) to remain anonymous and not to give evidence in court because of their fear of reprisals by organised crime.

V. Translate into English:

1. На чому ґрунтувалося його засудження? 2. У вчиненні якого злочину було обвинувачено заявника? 3. Слід врахувати, що його вину не було доведено обставинами справи. 4. Судом встановлено, що пред'явлені йому обвинувачення є безпідставними. Тому його було виправдано. 5. Судове рішення було винесено у відповідності з нормами матеріального та процесуального права. 6. Його було затримано вчора, а сьогодні його звільнили під заставу.





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