Infopaket

Fundamentals of the European criminal law

Вибіркова дисципліна для ОП

First

2023/2024

4 Semester

3

Such students’ academic achievements as: knowledge of the range of international agreements concluded within the Council of Europe(hereinafter the CoE) and “soft law” acts adopted within the CoE that are relevant to criminal law; the main aspects of the impact of negative and positive obligations arising from the ECHR on national criminal law; history, principles, sources, individual institutions of the EU criminal law. Skills: to apply international agreements concluded within the CoE on international cooperation in criminal proceedings; to consider the negative and positive obligations arising from the ECHR when applying the rules of criminal law. Communication: skill to stand for the argument in the content and significance of national criminal law and the CoE law; ability to defend the position on the content and significance for the national criminal law of the provisions of the ECHR and the practice of their interpretation of the ECHR

Full-time form

Effective study of courses "Theory of Law", "International Law"

The course provides students with (i) various aspects of the impact of Council of Europe law on national criminal law; (ii) the provisions of the ECHR and the practice of their interpretation under the Strasbourg Court adjudications that are important for national criminal law; (iii) the formation and current state of criminal law in the European Union.

Asp P. The substantive criminal law competence of the EU. Stockholm: Jure, 2012. Ambos K. European criminal law. Cambridge University Press, 2018. Mitsilegas V. EU criminal law. Bloomsbury Publishing, 2009. Schabas W. A. The European convention on human rights: a commentary. Oxford University Press, 2015. The Council of Europe: Its Law and Policies / eds. S. Stefanie, M. Breuer. Oxford University Press, 2017.Buniak V.S. The European Convention on Human Rights and Criminal Law: a scientific and practical manual / resp. ed. VS Kowalski. K .: Jurinkom Inter, 2020.Yagunov D.V. The case law of the European Court of Human Rights: the issue of criminal proceedings. Odessa: Phoenix, 2015

Teaching methods: 1) lecture - a detailed theoretical report on the acts of the CoE law relevant to criminal law, the impact of the provisions of the ECHR and the practice of the Strasbourg Court on criminal law; history, general principles and institute of the EU criminal law; 2) discussion - effective argumentation of problematic issues of the impact of the European experience on national criminal law; 3) case study - consideration of separate judgments of the Strasbourg Court, identifying aspects of the impact of these judgements on national criminal law considering the European experience;4) problem solving - assessment of hypothetical law enforcement situations in order to determine the prospects of appealing the application of the law of Ukraine on criminal liability including experience of the European institutions and cooperation in criminal proceedings; 5) independent work - individual study of certain acts of the CoE law, judgments, cases of the European Court of justice

The final score includes the sum of points obtained during the semester assessment (up to 40 points) and points obtained for the final test (up to 60 points). It consists of three components: 1) solving the case of application of international treaties of the Council of Europe on international cooperation in criminal proceedings; 2) resolving the case problem of the impact of the provisions of the ECHR and the practice of their interpretation by the Strasbourg Court on the application of national criminal law; 3) testing for knowledge of the history, general principles and institutions of the EU criminal law. Assessment is based on the results of the semester testing and consists of assessments based on the results of lectures and seminars.

Ukrainian