Infopaket

Court Proceedings in Cases Arising from Environmental Legal Relations

ДВС.7.04

Обов’язкова дисципліна для ОП

First

2023/2024

8 Semester

1

Learning outcomes include such knowledge, skills and abilities as: - to know the legal basis for resolving environmental disputes in national courts of Ukraine; - to determine the causes of environmental disputes and methods to prevent them; - to analyze the specifics of resolving environmental disputes in the courts of general jurisdiction; - to determine the subject of the environmental dispute; - to determine the jurisdiction of the environmental dispute; - to evaluate the evidence in cases arising from environmental legal relations; - to formulate and substantiate the legal position, model the strategy and tactics of a participant of the environmental dispute; - to critically comprehend and apply the rules of law in the process of environmental disputes proceedings; - to forecast and form changes in the judicial practice of resolving environmental disputes.

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; - skills of environmental norms application and the resolution of legal cases arising in the field of environmental relations; - the knowledge of the basic provisions of civil and procedural, commercial and procedural, administrative and procedural, criminal and procedural legislation as well as the legal base of administrative and tort proceedings.

The discipline is aimed at studying: - scientific and theoretical as well as legislative principles of court proceedings in cases arising from environmental legal relations, as a separate category of court cases; - legal principles of access to justice in environmental matters; - delimitation of court jurisdictions in cases arising from environmental legal relations; - features of court proceedings of environmental disputes in civil, commercial, administrative litigation; - features of court proceedings in cases of criminal offenses against the environment; - features of court proceedings in cases of environmental administrative offenses.

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.

Ukranian