Infopaket

Alternative ways of resolving administrative disputes

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

3

To collect integrated analyses and summarized materials from a variety of sources, including scientific and professional literature, databases, digital, statistical, test and others, and verify their authenticity using modern research methods. Reasoned formulation of personal legal position, to be able to oppose, evaluate evidence and present convincing arguments. To generate new ideas and use modern technologies in providing legal services. Be able to analyze, critically comprehend the possibilities of conciliation of the parties at different stages of the proceedings in administrative proceeding, to provide for the possibility of resolving the dispute with the participation of a judge.

Full-time form

1)it is necessary to know the nature of administrative-legal dispute as a legal conflict, ways to protect rights and interests. To master the disciplines "Theory of Law", "Administrative Law", "Administrative Procedure"; 2) to be able to analyze the peculiarities of conflict relations that arise in the field of public administration; draw conclusions and proposals to improve the regulatory framework; determine the limits of discretionary powers of public administration entities; 3) to possess the skills to draft the procedural documents.

When studying the discipline the following issues are revealed: general characteristics and legal nature of the institution of conciliation of the parties in administrative proceeding; the concept and characteristics of the institution of conciliation of the parties in administrative proceeding; realization of the right to conciliation of the parties in administrative proceeding, as well as alternative ways of resolving administrative disputes; To know and distinguish the ways of resolving administrative disputes; to be able to formulate scientific hypotheses, test them and identify problems in the implementation of administrative proceeding and mediation; to be able to solve problems of settling disputes independently or in a team; to be able to motivate personal decision, as well as justify the rejection of counter-arguments; to be able to conclude amicable agreements at the stage of court proceeding, in appellate and cassation proceedings.

Bevzenko V.M. Reconciliation in the administrative proceeding of Ukraine: the legacy of civil procedural law or effective means of resolving public disputes? URL: http://www.pravoznavec.com.ua/ period / article / 3971 /% C1. Belinskaya O.V. Mediation - alternative dispute resolution. Bulletin of the High Council of Justice. 2011. № 1 (5). Pp. 158-173. URL: http://vru.gov.ua/Docs/visnik05_12.pdf Korinny S.O. Implementation of mediation in the administrative process of Ukraine: dis. …Ph.d.: Special. 12.00.07. Uzhhorod, 2019. 243 p. URL: https://www.uzhnu.edu.ua/en/infocentre/get/19680 Mediation in the professional activity of a lawyer: a textbook / for ed. N. Krestovskaya, L. Romanadze. Odessa: Ecology, 2019. 456 p. URL: http://www.knuba.edu.ua/ukr/wp-content/uploads/2019/11/підручник-з-медіації.pdf Sidelnikov O.D. Institute of conciliation of the parties in administrative proceeding: dis. .Ph.D.: Special. 12.00.07. Kharkiv, 2017. 200 p

Lecture, seminar, independent work, during which students make reports, additions to reports, testing, express questioning, abstract, test, credit.

1 Forms of student assessment - semester forms of assessment: 1. Report (speech on a given topic) - up to 3 points; 2. Supplement to the report - 1 point; 3. Express questioning (short answers to questions) - up to 2 points; 4. Colloquium - up to 3 points; 5. Testing (from the set of judgments to choose the right ones) - up to 10 points; 6. Abstract (meaningful written work on a given topic with analysis of the literature and conclusions) - up to 5 points; 7. drafting an amicable agreement - up to 5 points; 8. Solving problems - up to 5 points; 9. Test work - up to 10 points.

Ukrainian