Special exercises will help to get rid of obvious vocal defects (humming, throat sound, etc.).

Special exercises will help to get rid of obvious vocal defects (humming, throat sound, etc.).

Special exercises will help to get rid of obvious vocal defects (humming, throat sound, etc.).

A reply is a part of a court speech, the main purpose of which is to briefly, in a concise form, draw the court’s attention to distortions of facts, conjectures and fundamentally incorrect judgments made by participants in their speeches (Article 318 of the CPC of Ukraine).

Judicial speeches influence the formation of the judge’s inner conviction, help the court to better understand all the circumstances of the case, comprehensively, fully and objectively investigate these circumstances, establish the truth in the case and make the right decision.

The subject of a court speech in criminal cases in the court of first instance includes:

the actual circumstances of the case (paragraph 1 of Article 64, paragraph 1 of Article 324, Article 420, paragraph 1 of Article 448 of the CPC of Ukraine) and their socio-political assessment; analysis and evaluation of evidence (paragraph C of Article 318 of the CPC of Ukraine); legal assessment of the established factual circumstances – qualification of the crime (paragraph 2 of Article 64, paragraphs 2-4 of Article 324, paragraph 2 of Article 420 of the CPC of Ukraine); characteristics of the defendant, and, if necessary, other participants in the process (paragraph C of Article 64, paragraph 7 of Article 324, paragraph C of Article 420); issues related to the application of criminal punishment or release from it {n. From Art. 64, paragraphs 4, 6 of Art. 324 of the Criminal Procedure Code of Ukraine); issues related to the resolution of a civil claim (paragraph 4 of Article 64, paragraph 9 of Article 324 of the CPC of Ukraine); other issues that need to be resolved (paragraphs 10-14 of Article 324 of the CPC of Ukraine); analysis of the reasons and conditions that contributed to the commission of the crime (Articles 23, 23-2 of the CPC of Ukraine).

The subject of a court speech in civil cases in the court of first instance are:

1) the actual circumstances of the case; 2) evaluation of evidence; 3) proposals on the application of a law in the case; 4) proposals for a separate decision if there are grounds for this (Article 235 of the CPC of Ukraine).

Analysis of Art. 27, ZO GIC of Ukraine gives the chance to draw a conclusion that the subject of proof are:

circumstances by which the plaintiff substantiates his claims (grounds of the claim); the circumstances by which the defendant substantiates his objections (grounds for objection); other circumstances that are important for the proper resolution of the case.

And in general – the circumstances that must be established as grounds for resolving the dispute between the parties; all available legal facts and circumstances relevant to the case.

The necessary composition of the facts of the subject of proof is determined on the basis of substantive law, which regulates the disputed legal relationship. Yes, in accordance with Art. 456 of the Civil Code of Ukraine, the basis of the claim, which is the subject of proof, includes facts that confirm: the existence of labor relations of the victim with a person (enterprise), injury or other damage to health in connection with the victim’s duties; occurrence of certain damage; the presence of losses and their size; fault of the organization in causing harm.

Difficulties and errors in determining the necessary fact of proof arise when the disposition of the substantive law is relatively definite. These are the norms that regulate the issues of eviction due to the impossibility of cohabitation, the distribution of property of the spouses, etc., the application of which must take into account "gross negligence of the victim" "property statement" "the interests of minor children or the interests of one of the spouses that deserve attention" (Article 454 of the Civil Code, Article 29 of the Marriage and Family Code, etc.) ‘.

Speaking in court in administrative cases, the participants must find out:

whether an administrative offense has been committed; whether the person is guilty of its commission; whether it is subject to administrative liability; whether there are grounds for the transfer of materials on an administrative offense to a friendly court, public organization; other relevant circumstances to the proper resolution of the case (Article 280 of the Code of Ukraine on Administrative Offenses).

The subject of the court speech in the court of second instance when considering the case in cassation is:

criticism or substantiation of the correctness of a sentence or decision; substantiation of cassation submission or cassation appeal or their criticism; analysis and evaluation of additional materials; proposals for the issuance of a certain decision of the cassation instance.

Thus, the content of the court speech necessarily includes those elements that form its subject. However, it should be borne in mind that the content and form of the court speech are greatly influenced by the nature and scope of the case, the personality of the rhetorician, the court audience. The personality of the speaker and the court audience determine a certain construction and presentation of the court speech. As there are no identical cases and people, so there can be no identical court speeches.

Free mastery of forms of court speech is an art that, like any other art, can acquire a stencil from some rhetoricians. The main thing in the court speech is its content and the views of the rhetorician.


Andrievsky SA Drama from life. Defensive speeches. – Petrograd, 1916. Annushkin VI The first Russian rhetoric. – M., 1989. Ancient rhetoric. – M., 1978. Apresyan GZ Oratory. – M., 1978. Aristotle. Rhetoric // Ancient rhetoric. – M., 1978. Aristotle. Poetics / Per. B. Yen. – K., 1967. Babych ND Fundamentals of speech culture. – Lviv, 1990. Bezmenova NA Neo-rhetoric: problems and prospects // Semantics. Communication. Style. – M., 1983. Belchikov Yu. A. Speak clearly and simply. – M., 1980. Bondarenko 77. S. Court speech. – Lviv, 1972. Vasiliev AN Fundamentals of speech culture. – M., 1990. Vvedensky LA, Pavlova LG Culture and art of speech. – Moscow, 1984. Vernydubov IV Problems of supporting public prosecution under the laws of Ukraine: Abstract. dis …. cand. jurid. Science. – K., 1992. Statements of ancient Slavic legends or mythology, compiled by JF Golovatsky. – K. 1991.


Speech technique: concepts and categories. Abstract

Any speech of the speaker, designed to convince the audience, must contain an original idea, sufficient argumentation, bright style, optimal emotional color and perfect speech technique.

Speech technique refers to the speaker’s ability to own a voice, intone a speech, and control an audience.

The quality and effectiveness of the public speech of a lawyer, the effectiveness of his speech depend on many factors, primarily on the content, argumentation, logical clarity, culture of speech. The importance of the masses and the culture of sound of the language.

Starting to study the problems of speech technique, we turn to the main goal of this effort: to learn to speak so that the speaker could not be misunderstood. Of course, this applies one hundred percent to the technique of speech, because there is one pattern: the wrong tone distorts the opinion, the audience can understand it in a distorted form.

Thus, the technique of public speaking is completely subject to the opinion, the content of the speech; mastering the technique of speech, therefore, can not be reduced to mechanical mastery of the voice or others purely "technical" speaker skills. It is the thought that the speaker seeks to express that causes the action of the speech apparatus. Therefore, mastering the technique of speech should be subordinated to the ability to think aloud, that is, to speak meditatively.

Speech technique is an integral part of the art of sound language, oratory. And when it comes to it, pay attention not only to "technicalism" "virtuosity" but also on technical peacocks, without which oratory does not exist.

In the concept "speech technique" three relatively independent problems are reflected:

voice mastery, intonation, audience management.

As for the latter, we will not dwell on it in full, because a significant part of the techniques of audience management, we have already analyzed in advance: it is didactic (compositional), stylistic (linguistic), psychological. In this topic we will consider only intonation. Note only that when it comes to audience management, it means that, as Emerson wrote, "true eloquence needs neither a bell to call the people nor the police to maintain order. The speaker achieves this by the ability to deliver a speech. There is an opinion that there are three categories of speakers: "Some can be listened to, others cannot be listened to, buy best compare and contrast essay others cannot be ignored"… To some extent, it depends on the technique of speech, on our voice, because the voice is us and our thoughts.

With few exceptions, everyone has a natural voice that can become clear, strong and rich in shades. And yet most people often swallow individual sounds, their voice becomes monotonous, indistinct.

It has been proven that nothing affects your relationship more than the impression of your voice, and nothing needs as much attention as your voice. This is very important for professional activities.

Therefore, we note that adolescence is critical not only in terms of the formation of intellectual and professional skills, but also very important for the acquisition of the ability to have a voice, correct pronunciation, gestures, body movements.

Speech technique in the narrow sense consists of three aspects:

diction, breathing, voice (they are practically indivisible).

The structure of the speech apparatus, the properties of the human voice, speech breathing, articulation of sounds, diction, logical pause and logical emphasis, intonation, speech notes, hygiene of the speaker’s voice, features of speech to large and small audiences – these are the basic concepts studied in speech technique.

Diction in translation means "pronunciation" (Latin dicere – to pronounce; dictio – pronunciation), and under perfect diction is the correct, clear pronunciation of each vowel and consonant sounds separately, as well as words and sentences in general. Expressive pronunciation is mandatory for the speaker, because its imperfection interferes with the perception and understanding of the essence "voiced" speeches.

Working on breathing consists of finding the right way to find the most acceptable, healthy type of breathing that helps to overcome the technical speech defects that occur in speakers.

The most difficult is the work on the voice, the so-called voice staging, which means the most complete and comprehensive development of voice data, such as increasing the range of the voice, the development of strength, sonority, flexibility of the voice. Special exercises will help to get rid of obvious vocal defects (humming, throat sound, etc.).

The voice has some features:

volume, pitch, timbre.

All these qualities of the voice are easy to find in any speech that is uttered, their presence is explained by the very nature, structure and function of the human speech apparatus.