Infopaket

Current Issues of Criminal Proceedings

Обов’язкова дисципліна для ОП

Second

2023/2024

1 Semester

4

Know the problematic issues of determining the system of legal regulation sources of court proceedings, general provisions compliance problems of the trial with the requirements of Convention for the Protection of Human Rights and fundamental freedoms, problems defining the boundaries of the trial in criminal proceedings, problems of procedural form proceedings in the first instance court in criminal procedure, problematic issues of adoption and proclamation of court decisions, proceedings problems on judicial decisions revision in criminal procedure. Be able to analyze the scholars’ opinions on problematic issues of criminal proceedings and legal practice express one's point credibly on the solution of theoretical, legal and practical issues of criminal proceedings Participate in discussions on current issues of criminal proceedings, express and defend one’s point on issues to be considered.

Full-time form

1) knowledge of the doctrinal understanding of the nature and essence of law, the definition of concepts "form of law", "sources of law", "law-making", "rule-making", "legislative activity", "legal technique ", obtained as a result of studying the discipline "Theory of Law"; 2) knowledge of the main criminal procedural institutes obtained as a result of studying the discipline "Criminal Procedural Law"; 3) knowledge of the legal status of participants in criminal proceedings as a result studying the academic disciplines: "Judiciary of Ukraine", "Advocacy of Ukraine", "Prosecutor's Office Of Ukraine "; 4) practical skills in applying the rules of criminal procedural law acquired as a result of internships in the prosecutor's office and courts.

When studying the discipline students form ideas about the current issues of determining the system of legal regulation sources of court proceedings, general provisions compliance of the trial with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms, procedural form of the preparatory proceedings and trial in the first instance court, special features of criminal proceedings on the basis of agreements on criminal misdemeanors, when resolving the issue of releasing a person from criminal liability, regarding juveniles and when applying coercive measures of a medical nature, proceedings on judicial decisions revision in criminal proceedings. Practical skills of the implementation of research analysis of criminal procedural legislation and its application, formation of one’s own opinion on problematic issues of criminal proceedings are obtained.

1.Hrynyuk V.O. The function of prosecution in criminal proceedings in Ukraine: theory and practice: Monograph. K .: Alerta, 2016. 358 p. 2. Jeremy McBride. European Convention on Human Rights and the criminal procedure. К .: «К. I.S. », 2013. 573 p. 3. Kohutych I.I. Judicial decisions in criminal proceedings of Ukraine: monograph. Ternopil: Textbooks and manuals, 2013. 184 p. 4. Kostyuchenko O.Yu. Regarding the appeal of the unappealed in criminal proceedings. Bulletin of the Bar Association of Ukraine. 2018. № 8 (37). P.22-24. 5.Kuchynska O.P., Fulei T.I., Barannik R.V. Principles of criminal proceedings in the light of the European Court of Human Rights case law: a monograph. Nizhyn: "Publishing House" Aspect- olygraph », 2013. 228 p. 6. Pohoretskyi M., Kostyuchenko O. Place and powers of the Supreme Court of Ukraine as the highest judicial body in the system of courts of general jurisdiction. Law of Ukraine. 2012 № 11-12. pp. 35-41.

Lecture, seminar, student’s individual study.

Report, express survey, discussion, credit module test - semester forms of assessment: 1. report (speech on a given topic) - up to 5 points; 2. complement to the report - up to 3 points; 3. express survey - up to 3 points; 4. participation in the discussion - up to 3 points; 5. judicial practice analysis - up to 5 points. - final assessment: differentiated credit module test

Ukrainian