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Problems of legislative and interpretive technique of the law of Ukraine on criminal liability

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

3

Such students’ academic achievements as: knowledge of the main characteristics of legislative and interpretive techniques as separate sections of legal techniques; features and problems of implementation, basic principles, compliance with general and special rules, use of certain tools (techniques, methods) of legislative and interpretive techniques on the law of Ukraine on criminal liability. Ability: to qualify the form and content of specific components of the law of Ukraine on criminal liability for their compliance/ non-compliance with certain characteristics of legislative techniques; apply the best approaches to interpretive techniques to clarify and reproduce the true criminal law content of certain components of the law of Ukraine on criminal liability. Communication: to have a good command of active criminal legal vocabulary, convincingly support their point of view in professional discussions.

Effective study of the courses «Theory of Law and Power», «Constitutional Law», «Criminal Law», «Criminal Procedure Law», «Criminal Executive Law».

The course involves: acquainting students with the main characteristics of legislative and interpretive techniques as separate sections (varieties ) of legal techniques in the field of criminal law; clarification of features and problems of legislative and interpretative techniques in the laws of Ukraine on criminal liability (mainly in the Criminal Code of Ukraine, 2001); identification of possible approaches to solve certain assignments of special-legal and technical-legal nature of the Criminal Code of Ukraine (2001) using the relevant characteristics of legislative and interpretative techniques.

Dzeiko Zh.O. Legislative technique in Ukraine: historical and theoretical research: Monograph. K.: Publishing and Printing Center "Kyiv University", 2007. Zahynei Z. Criminal-legal hermeneutics: monograph. K.: «ArtEk» Publishing House, 2015. Kashanina T.V. Legal technique: Textbook. 2nd ed., revision. M: Norma: INFRA-M, 2011. 496 p. Panko K.K. Theory and practice of lawmaking in criminal law: monograph. M., 2011. Panko K.K. Theory and practice of lawmaking in criminal law: monograph. M., 2011. Rundyuk V.I. Problems of legislative technique in Ukraine: theory and practice: Monograph / Resp. ed. Yushchyk O.I. K.: Legal Opinion Publishing House, 2012. Ivanchin AV Legislative technique and its role in Russian criminal lawmaking: a monograph. M., 2011. Scientific and practical commentary on the Criminal Code of Ukraine / ed. E.I. Melnyk, M.I. Havronyuk. 11th ed., Reworked. and add. Kyiv: Dakor, 2019.

Planned learning activities and teaching methods: a) lectures; b) seminars; c) performing tasks of self-study work; d) consultations. Teaching strategies: 1) lecture - a detailed theoretical report on main issues of certain topics of the discipline, provided by the thematic plan of the teaching program; during the seminars - discussion of certain issues of the relevant topic, provided by the thematic plan of the teaching program; problem solving; case study; testing; performance of written tests; for independent assignment – to form specific questions and tasks, checking their implementation; during consultations - interviews with students, answers to questions.

Semester assessment (maximum number of points - 40): answers - 10, activity - 4, testing - 10, written tests - 16. Final assessment - exam (maximum number of points - 100): semester assessment - 40; examination test/exam - 60. The examination test includes 5 questions: two questions concerning the problems of legislative and interpretative techniques of the General Part of the Criminal Code of Ukraine, three questions - the Special Part of this Code. The maximum amount of points for answering each question -12 points.

Ukrainian