Infopaket

Rule of Law

ДВС.4.01

Вибіркова дисципліна для ОП

First

2023/2024

9 Semester

1

Know the provisions of the Constitution of Ukraine and legislation, which enshrines the fundamental principles of law, the rule of law, legal certainty, proportionality, good faith; decisions of the Constitutional Court of Ukraine and decisions of the European Court of Human Rights, which refer to these principles. Be able to draft lawsuits, constitutional complaints and other procedural documents with mandatory reference to the principles of justice, equality, freedom, humanism, rule of law, legal certainty, proportionality and good faith. Have theoretical knowledge, legal concepts and categories related to the doctrine of the rule of law. legally correctly classify the facts related to positive discrimination, direct and indirect discrimination. Free use of dynamic and static interpretation techniques in assessing national law and case law.

External form

1. Know the concept and meaning of the principles of law for the functioning of the mechanism of state power, the difference between the basic modern legal systems, the evolution and development of forms of government and territorial organization in terms of their adaptation to modern requirements of human rights. 2. To have basic concepts of the doctrine of human rights and the theory of constitutional law in terms of forms and practices of democracy.

The study of the discipline reveals the following issues: the category of "justice" as a value basis of law; the idea of equality and its embodiment in modern law; the role and significance of the idea of freedom for modern law; historical preconditions for the formation of the idea of the rule of law; the relationship of the rule of law with related legal doctrines; modern interpretation of the rule of law; principles that ensure the rule of law

1. The Rule of Law in Europe. Editors: María Elósegui, Alina Miron, Iulia Motoc. Springer Nature, 2021. 288 p. 2. Miroshnichenko AM Judicial discretion, miscarriage of justice and arbitrariness of judges: (through the prism of the legal responsibility of judges). Kyiv, 2020. 117 p. 3. Paul Gauder. The rule of law in the real world. Kharkiv. 2018. 392 p. 4. Lars Fr. G. Svendsen. Philosophy of freedom. Lviv. 2016. 336 p. 5. Pogrebnyak SP. Fundamental principles of law (substantive characteristics). Kharkiv. 2008. 240 p. 6. Goncharov VV “Rule of Law” and “Due Process”: comparative legal analysis. Law and innovation. 2019. № 3 (23). P.14–22. 7. Moskaliuk О.V. Approaches to the interpretation of the concept of "natural born citizen" in US constitutional law. Law and civil society. 2016. №2. Pp. 81-87. 8. Guest S. Unity and meaning in the theory of law by Ronald Dworkin. Philosophy of law and general theory of law. 2013. № 1. P. 354 - 369.

Discussions on the results of the films watching that raise the rule of law ("Thank You for Smoking", "Philosophers. Lessons of Survival"), as well as potential changes in legislation and major trends in human rights doctrine, webinars, lectures on youtube- channels, work in small groups, interview analysis.

Assessment methods - the type of work / activity of the applicant, which will assess the level of achievement of learning outcomes (testing, creative tasks, individual work, independent work, etc. and the minimum threshold after which a positive assessment is credited) - and evaluation criteria are communicated to applicants before beginning of the study of the discipline by a teacher who conducts seminars. At the ongoing and final performance evaluation are subject to assessment: the level of "Knowledge", "Understanding", "Application", "Analysis" / "Synthesis" / "Evaluation", demonstrated by the applicant. If the applicant is absent from the seminar for good reasons, he can work out the missed lesson at extracurricular time. Points are not awarded for missed classes.

ukrainian