Infopaket

Civil Procedure of Ukraine

ДВВ.04

Обов’язкова дисципліна для ОП

First

2023/2024

7 Semester

3

Know the legislation of Ukraine, the rules of civil procedural law, the concept, content, types and stages of civil proceedings, the rules of civil law governing property and personal non-property relations; the essence and content of the institutions of civil procedural law, to have a clear understanding of the principles of civil procedure. Be able to implement the rules of substantive and procedural law, clearly define the procedural status of participants in the process; use civil procedural terminology, basic skills of drafting procedural documents. To substantiate the normative and factual basis of the legal problem based on the modern regulation of the relevant civil law relations by the current legislation of Ukraine.

Full-time form

Know the general provisions of civil law, theory of civil procedure, the essence of the content of institutions of civil procedural law, types of civil proceedings, principles of civil procedure, concepts and types of evidence, civil procedural law of Ukraine, practice of its application by judges, lawyers, prosecutors and other participants. Be able to correctly interpret and apply the rules of civil procedural law, independently supplement and deepen their knowledge, determine jurisdiction, justify and defend their legal position, protect the rights, freedoms and legitimate interests of citizens, legal entities, society and the state. Possess procedural terminology, basic skills of drafting procedural documents: filing a lawsuit, application, application for a court order, filing petitions, appealing court decisions and rulings.

Module 1. General provisions of the civil procedure of Ukraine Subject, method and system of civil proceedings. Principles of civil procedure. Civil jurisdiction. Civil procedural legal relations. The composition of the court. Branches. Participants in the trial. Representatives. Evidence and proof. Procedural deadlines. Legal costs. Measures of procedural coercion. Module 2. Order and separate proceedings Module 3. Claim proceedings Claim proceedings Securing the claim. Written statements of the parties to the case. Litigation and notices. Opening of proceedings. Preparatory proceedings. Consideration of the case on the merits. Consideration of cases by way of simplified proceedings. Consideration of the case in absentia. Judicial decisions. Module 4. Review of court decisions Appeal and cassation proceedings. Review of court decisions on newly discovered circumstances or exceptional circumstances. Judicial control over the execution of court decisions.

1. Course of civil procedure: textbook / In. V. Komarov, VO Runner, VV Barankova and others; for ed. VV Komarov. - X .: Law, 2011. - 1352 p. 2. Civil proceedings. Textbook./S. V. Vasiliev. K .: Alerta, 2019. 506 p. 3. Civil process: a textbook./ A.V. Andrushko, Yu.V. Bilousov, R.O. Stefanchuk, OI Uhrynovska and others. / Ed. Yu.V. Belousova. - К .: Прецедент, 2005. - 172 с. 4. Civil Procedure Code of Ukraine: scientific and practical commentary. For the head. ed. М.М.Ясинка. - К .: Алерта, 2018. - 604 с. 5. Civil Procedure of Ukraine: Textbook. way. for students. Jurid. special higher educational institutions / I. O. Izarova, R. Yu. Khanik-Pospolitak. - Kyiv: VD "Dakor", 2018. - 276 p. 6. Vasilieva-Shalamova Zh.V. Participation in civil proceedings of an expert and a specialist: (comparative legal aspect) Bulletin of the Ministry of Justice of Ukraine. - 2008. - № 5. - S. 103—110.

Lecture, seminar, self-study work, individual task, colloquium, case solution, use of case study, express survey, final test.

Forms of student assessment - semester forms of assessment: report - up to 3-5 points; supplement to the report - 1 point; express survey - up to 2 points; colloquium - up to 3 points; solving a legal problem - up to 5 points; self-study work, individual task, colloquium, case solution, use of case study - up to 5 points; report on the topic of individual task - up to 5 points; report on the performance of an individual task - up to 5 points; essays - up to 2 points; testing - up to 10 p.; abstract - up to 5 p.; participation in the discussion - up to 2 p.; development of a draft procedural document - up to 5 p.; problem solving - up to 5 points; test - up to 10 points. The minimum score that can be obtained by a student on the appropriate forms of assessment is one point. The number of points obtained by the student corresponds to the percentage in the final grade of the discipline. The maximum score that a student can receive per semester is 40 points. - final assessment: exam

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