Infopaket

Civil process of Ukraine

ДВВ.04

Обов’язкова дисципліна для ОП

First

2023/2024

5 Semester

6

To know and understand the state of the main problems of the science of civil procedural law; the essence and significance of the civil procedural form; the concept and meaning of civil procedural legal relations, their place in the mechanism of legal regulation; non-judicial and alternative forms of protection of civil rights and legitimate interests; be able to correctly interpret and apply the rules of civil procedural law; use the data of the science of civil procedural law to solve professional problems; evaluate evidence in a civil case; argue their own point of view and decision.

Full-time form

Know: basic conceptual approaches, theoretical and practical principles of civil litigation, the concept, content and significance of procedural forms of protection of civil rights in the mechanism of effective protection of rights, freedoms and interests of individuals, methodological foundations of effective consideration and resolution of court cases, doctrinal approaches to civil development litigation. Be able to describe the procedure for preparing an appeal to the court, describe the preparation and preparation of procedural documents depending on the type of civil litigation, as well as the procedure for appealing a court decision. Analyze, critically comprehend possible forms, methods and means of protection. Have the skills of written and oral state language, use legal terminology correctly; competently and accurately express and justify their own legal position on a particular civil case or case law on a particular category of civil cases.

Theoretical foundations of civil procedural law. Tasks and basic principles of civil litigation. Civil jurisdiction. Participants in the case. Representatives. Other participants in the trial. Measures of procedural coercion in civil litigation. Procedural deadlines. Litigation and notices. Evidence and proof in civil litigation. Claim. Right of action. Securing the claim. Claim proceedings. Opening of proceedings. Preparatory proceedings. Consideration of cases by way of simplified proceedings. Consideration of the case in absentia. Settlement of a dispute with the participation of a judge. The settlement agreement. Dismissal of the claim. Recording the trial. Suspension and closure of proceedings. Leaving the claim without consideration. Judicial decisions. Instance review of court decisions. Out-of-court review of court decisions. Conducting civil cases with a foreign element. Procedural issues related to the execution of court decisions, etc.

1. Civil Procedure Code of Ukraine https://zakon.rada.gov.ua/laws/show/1618-15#top 2. Practicum on the civil process of Ukraine: A textbook for students of legal specialties of higher education/For general. ed. N.V. Vasilina, Yu.D. Prytyka - Kyiv: PH "Dakor", 2018 332p 3.Vasylyna N.V. Judicial conciliation of the parties: a novella of civil procedural legislation of Ukraine/N.Vasylyna //Law of Ukraine 2017 №8. P.27-32 4. Vasylyna N.V. Procedural agreement as an indicator of modernization of the legal system of Ukraine/N.Vasylyna//Development and modernization of the legal systems of Eastern Europe: experience of Poland and prospects of Ukraine: Collective monograph. Vol.3. Lublin: Izdevnieciba “Baltija Publishing”, 2017. 372 p. P.2-17 5. Civil Procedure Code of Ukraine: scientific and practical commentary/ed. by Vasylyna N.V., Gulko B.I., Kot O.O. - Kiev: PH "Dakor", 2021. - 1028p.

• verbal: explanations, discussions, lectures, solutions of practical cases and cases of judicial practice • visual: illustration, demonstration, self-observation • practical: analysis of current case law, practical tasks, problem solving

The maximum final grade for this discipline can be 100 points. The student can receive in the form of semester control (exam, credit) a maximum of 60 points, to which are added the points obtained by the student during seminars. To obtain an overall positive grade in the discipline, the grade for the final work can not be less than 36 points. If the student scored less than 36 points in the form of semester control (exam, credit), the latter are not added to the semester grade (regardless of the number of points obtained during the semester), and the information in the column "exam scores" is "0 ", Respectively, in the column" result assessment "is transferred only the number of points obtained during the semester. If during the semester the amount of points received by the student as a result of the current control is more than 40 points, in fact, only 40 points are credited.

Ukrainian