Infopaket

Ensuring the legality of court rulings in criminal proceedings

ДВС.16.05

Обов’язкова дисципліна для ОП

Second

2023/2024

1 Semester

4

Know: subject, task and methodology of the course "Ensuring the legality of court rulings in criminal proceedings", its place in the system of academic disciplines. Know: doctrinal approaches to understanding of the function of justice and judicial control over compliance of rights and freedoms of persons, powers of court and investigating judge in criminal procedure. Know: current issues of theoretical, legal and of an applied nature in relation to judicial decisions in criminal proceedings. Be able to critically analyze provisions of the current criminal procedural legislation, identify legal regulation deficiencies and develop proposals for their elimination. Be able to use the acquired theoretical knowledge, make analysis of scholars’ theoretical positions, case law, statistics. Participate in prepared presentations, research works discussions, formulate conclusions on their content and meaning, express and justify one’s point of view on issues to be submitted

Full-time form

1) knowledge of the main criminal procedural institutions obtained as a result of studying the discipline "Criminal Procedure of Ukraine", "Current Issues of criminal proceedure of Ukraine"; 2) the use of theoretical knowledge based on the results of the study of academic disciplines: "Judiciary of Ukraine", "Advocacy of Ukraine", "Prosecutor's Office of Ukraine", "Criminalistics"; 3) application of acquired skills in the area of criminal procedure, obtained as a result of internships in the prosecutor's office and courts.

When studying the discipline students form ideas about the procedural form, properties and content of court rulings; implementation of functions and powers of the court and the investigating judge on issuing court rulings at various stages of criminal proceedings, in particular, on the application of measures to ensure criminal proceedings, pre-trial investigation, preparatory court proceedings, proceedings in the first, appellate, cassation instances, concerning newly discovered and exclusive circumstances, special procedures of criminal proceedings; practical skills are acquired on scientific analysis of criminal procedural legislation and its practical application, identification of advantages and disadvantages of improving legal regulation, forming one’s own opinion on issues, students have the opportunity to practice and learn to detect errors in court rulings.

1.Universal Declaration of Human Rights. Adopted and promulgated by resolution 217 A (III) of UN General Assembly of December 10, 1948 :. - Access mode : http://zakon2.rada.gov.ua/laws/show/995_015 2. Kostyuchenko O.Yu. Some issues of improving the adversarial proof procedure during the pre-trial investigation of a criminal offense / Scientific practical journal "Bulletin of Criminal Procedure" 2015. № 2. P. 37-43 3.Kostyuchenko O.Yu. Regarding the inconsistency of provisions of Article 303, part three of Article 307, Article 309, part four of Article 399 of the Criminal Procedural Code of Ukraine to the Constitution of Ukraine (non-constitutionality)/ International Standards of fair justice and their implementation in Ukrainian legislation: Materials of International Scientific and Practical Conference, Taras Shevchenko National University of Kyiv (December 17, 2018, Kyiv). K.: Alerta, 2018. 304 p. P. 54-58

Lecture, seminar (practical class), student’s individual work.

Survey, discussion, writing research work (paper, theses), exam. Forms of students’ assessment - semester forms of assessment: 1. survey - up to 5 points; 2. participation in practical (seminar) classes - 1 point; 3. elaboration of practical materials - up to 5 points; 4. individual research work (paper, theses) - up to 20 points. The maximum score that a student can receive as a result of studying during semester is 40 points. The minimum score that a student must receive for the appropriate forms of evaluation is 24 points. - final assessment: an exam conducted orally or in writing.

Ukrainian