Infopaket

Procedure for appealing the violations of election legislation

ВБ.01.07.35

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

3

Achievement by students of such competencies, skills and abilities as: knowledge of the electoral legislation of Ukraine, stages of the electoral process; types of complaints considered by election commissions; issues of belonging of the subject of the appeal and his rights and obligations; the constitutional and legal status of the Central Election Commission and its role in the process of reviewing complaints about violations of election legislation; jurisdiction of cases arising from the election process; forms of appeal against election violations (administrative procedure and court procedure). Skills in solving legal problems.

Full-time form

Fundamental knowledge of the concept and components of subjective legal law, ways to overcome and avoid conflicts, the mechanism of protection of human rights and fundamental freedoms. Be able to evaluate and analyze legal facts. Understand the procedural features of dealing with complaints related to the election process; category of election dispute; procedural procedure for consideration of election disputes; judicial practice and directions of improving the legislation of Ukraine on resolving election disputes. Summarize and / or analyze existing concepts, doctrines, individual views of Ukrainian and foreign scholars on the problems of legislative settlement of the process of appealing against violations of election law and election disputes, as well as the case law of such disputes. Draw up procedural documents that accompany the process of appealing against violations of election law and consideration of election disputes.

The discipline acquaints students with theoretical, constitutional, legal and practical issues of legal regulation of the procedure for appealing violations of electoral law and consideration of election disputes, as well as the principles of such regulation. The student's ability to use knowledge about the content of regulations that regulate the subject of this discipline is developed as effectively as possible; on the practice of application by the courts of Ukraine of the norms of the Constitution of Ukraine, current legislation of Ukraine, legal positions of the European Court of Human Rights on the settlement of election disputes; on international standards in the field of electoral disputes. Considerable attention is paid to drafting procedural documents on appeals against violations of election legislation and judicial review of election disputes.

1. Bondarenko B., Zadoya K., Kalmykov D., Kirichenko Y., Havronyuk M., Shekhavtsov R. Responsibility for violations of election law: a guide for members of election commissions, police, investigators and judges / ed. M. Havronyuk. Kyiv "AK-Group", 2019. 122p. 2. Electoral Code of Ukraine. Scientific and practical commentary. Kyiv: Professional Publishing House. 2021. 800 p. 3. European democratic achievements in the field of suffrage: Proceedings of the Venice Commission. Kind. 3rd, ed. and add. / Ed. Yu. Klyuchkovsky. K .: Logos, 2016. 4. Leshchenko O.D. Electoral disputes in Ukraine: constitutional and legal aspect: author's ref. dis. … Cand. jurid. Sciences: 12.00.02 / Leshchenko Olga Dmitrievna; Nat. University "Odessa Law. Academy ", 2020. 20 p. 5. Smokovich M.I. Legal regulation of election disputes: theoretical and practical aspects: monograph / M.I. Smokovic. K .: Jurinkom Inter, 2014. 576 p.

Lectures and seminars - on the basis of active application of the method of Socrates and Socratic dialogue, express survey, participation in discussions, case studies. It is planned for students to write essays and analytical notes; modular tests.

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. The maximum total number of points the applicant can score in the ongoing performance evaluation - 40, in the exam - 60. The final score for the discipline is set on a 100-point scale (ECTS) and a national scale.

Ukrainian