Infopaket

Agreements in Environmental Law

ДВС.7.02.

Обов’язкова дисципліна для ОП

First

2023/2024

7 Semester

2

Learning outcomes include such knowledge, skills and abilities as: - to know the scientific provisions on the contractual regulation of environmental relations, the genesis of the formation of contractual environmental relations and their classification; - to know the constitutional, international and legal as well as other regulatory principles of concluding, implementing, amending and terminating environmental agreements; - to be able to analyze the specifics of environmental agreements and their correlation with civil law, commercial law, administrative law and other types of contracts; - to be able to make drafts of environmental agreements; - be able to apply the norms of environmental legislation in providing legal support for the conclusion, implementation, amendment and termination of environmental agreements.

Distance form

Prerequisites for mastering the discipline are: - the knowledge of the basic provisions of environmental legislation, features of legal regulation of environmental relations and their specifics; - the skills of application of environmental and legal norms and the solution of the legal cases arising in the field of ecological relations; - the knowledge of the basic provisions of civil, commercial, administrative, constitutional law in terms of determining the legal basis of contract law.

The discipline is aimed at studying: - scientific, theoretical and legislative bases of contractual regulation of environmental legal relations; - the legal classification of contracts in environmental law; - conditions and grounds for the emergence, change and termination, forms, subject-object composition of agreements in environmental law; - organizational and legal guarantees, the system of functional, security and legal support for the proper conclusion and implementation of agreements in environmental law; - features of legal regulation of agreements in the field of the nature management, environmental protection and environmental safety.

1. The Digest of the Supreme Court of Ukraine Case Law in disputes arising in the field of environmental protection and environmental rights. 2019. 2. Journal of International Judicial Forum "Judicial Protection of the Natural Environment and Environmental Rights" (Kyiv, November 7, 2019). 3. Access to justice in environmental matters / Ed. by O. Kravchenko. Lviv, 2021. 148 p. 4. Yermolaeva T.V. Problems of access to justice in the protection of environmental rights. Problems of legality. 2017. Iss. 137. Pp. 93-100. 5. Environmental legislation in the focus of the Supreme Court. Kyiv 2021. 65 p.

Considering the content of educational material and learning objectives, the following traditional and innovative learning technologies are used in the process of teaching the discipline: - lectures aimed at studying scientifically grounded and systemized material on: the concept and types of environmental disputes; legal principles of the judiciary in Ukraine in the context of access to justice in environmental matters; general principles of division of cases arising from environmental legal relations, according to the forms of legal proceedings; features of litigation of environmental disputes in general, commercial and administrative courts; - seminars, which provide a detailed examination of the theoretical provisions of the discipline (by preparing reports and discussions) and practical skills are developed (by solving practice-oriented problems (cases), using a case-method or a method of analyzing specific situations, court hearings modeling).

Assessment methods and criteria are selected by the teacher who conducts seminars, within the number of points provided by the program of the discipline, namely: for the report (up to 1 point); for supplementing the report (up to 1 point); for express questioning (up to 1 point); for participation in the discussion (up to 1 point); for solving a case (up to 1 point); for the modal test (from 2 to 5 points). The maximum number of points that a student can get in total for all forms of assessment during the semester - 40 points. The final assessment is carried out in the form of a written test. The maximum final score for this discipline can be 100 points. If a student is absent from a seminar for good reasons, he / she may complete the missed class in the off-class time within 7 days after the missed class while the teacher has consultations. Practice is carried out by the oral examination or by performing another type of the task provided by the teacher.

Uranian