Infopaket

Current issues of lawyer's participation in criminal proceedings

86.01.07.16

Обов’язкова дисципліна для ОП

Second

2023/2024

2 Semester

4

Know: subject, task and methodology of the course "Provision of the legality of judicial decisions 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 with rights and freedoms of persons, court and investigating judge powers in criminal proceedings. 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, analyze theoretical positions of the scholars, judicial practice, statistics. Be fluent in written and oral state language, using legal terminology correctly.

Full-time form

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

When studying the discipline students form ideas on current issues of lawyer's participation in criminal proceedings; implementation of protection function at different stages of criminal proceedings, in particular, while applying criminal proceedings enforcement measures, pre-trial investigation, preparatory proceedings, proceedings in the first, appellate, cassation instances, concerning newly discovered and exceptional circumstances, special procedures of criminal proceedings; practical skills of research analysis of criminal procedural legislation and its application are acquired, identification of advantages and disadvantages for legal regulation improvement, formation of one’s own opinion on problematic issues, students have an opportunity to learn in practice how to identify errors and shortcomings.

1. The Constitution of Ukraine of June 28, 1996 // -Access mode: http://zakon3.rada.gov.ua/laws/show/254к/96-вр 2. Universal Declaration of Human Rights. Adopted and declared by resolution 217 A (III) of UN General Assembly of December 10, 1948: - Access mode :http://zakon2.rada.gov.ua/laws/show/995_015 3. Hlovyuk I.V. Criminal procedural functions: theory, methodology and practice of implementation on the basis of the provisions of the Criminal Procedural Code of Ukraine of 2012 : monograph. Odessa: "Yurydychna Literatura", 2015. 712 p. 4.Hryniuk V. Some issues of notifying a person of suspicion as the beginning of prosecution function implementation / Law of Ukraine. 2013. № 11. P.120-126. 5.Kostyuchenko O.Yu. Introductory speech of the defense counsel in the first instance court: procedural and ethical aspects. Professional legal assistance: a modern approach: materials of intern. scientific and practical conf. (December 11, 2019, Kyiv). Kyiv: Alerta, 2019. S. 134 - 136

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

Survey, discussion, writing research work (paper, theses), exam. Semester assessment forms: 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 can be obtained by a student at the end of the academic semester is 40 points. The minimum score that a student must receive on the relevant forms of assessment is 24 points. - final assessment: exam, in oral or written form. According to the results of the final form of evaluation (credit module test) the student may receive maximum 60 points. The final grade for the discipline is formed by adding the number of points, obtained during the semester, and the number of points obtained in the final form of control (credit module test) and this amount of points may not be less than 60 points.

Ukrainian