Infopaket

Interpretation and enforcement of law

ВБ.01.12.37.

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

3

Students’ achievement of such competencies, skills and abilities as: to identify current theoretical and practical problems in the field of interpretation and enforcement of law, minimization of legal defects, as well as the statutes of legal doctrine on the peculiarities of interpretation and enforcement of law; find solutions to resolve practical cases related to the interpretation and enforcement of law, as well as overcoming or eliminating legal defects in the field of legal regulation; to offer specific options for solving legal issues in the field of interpretation and enforcement of law, as well as minimizing legal defects, based on the specific circumstances of the case, case law and current legislation.

Full-time form

It is mandatory to preliminary Know: theoretical and doctrinal provisions of the theory of law of Ukraine and other states regarding the concept, typology and levels of legal understanding; basic theoretical approaches to understanding law; essence, functions and values of law; be able to: independently solve practical cases related to the application of current legislation; have: skills of interpretation of legal norms, conducting comparative legal research, application of normative legal acts of current legislation in practice.

The course is designed to give a worldview of interpretation of law, features of different ways of interpreting law, as well as characteristics, types, structure, forms of law enforcement, specifics of law as a special form of law enforcement, the nature of the impact of legal defects, including conflicts and gaps, rights and ways to minimize them.

Main: 1. Baude William, Sachs Stephen E. The Law of Interpretation. Harvard Law Review, Forthcoming; U of Chicago, Public Law Working Paper No. 583. May 23, 2016. http://ssrn.com/abstract=2783398 2. Scott Jacob. Codified Canons and the Common Law of Interpretation. The Georgetown Law Journal. 2010. Vol. 98:341. Pp. 341-431. http://georgetownlawjournal.org/files/pdf/98-2/Scott.PDF 3. Atamanova N. Problematic issues of application of legal norms. Entrepreneurship, economy and law. 2021. № 2. Рp. 164-169. 4. Belous O.V. Analysis of doctrinal approaches to determining the principles of interpretation of legal norms. Current issues of domestic jurisprudence 2020. № 2. http://apnl.dnu.in.ua/2_2020/3.pdf 5. Lyashenko R.D., Kirishun Yu.S. Technique of interpretation of legal norms: concepts, principles, structure. Prykarpattya Legal Bulletin. 2021. № 38. http://pyuv.onua.edu.ua/index.php/pyuv/article/view/885

Lecture, seminar, individual work. Report (presentation on a given topic), enhencing to the report, express survey, case solving, individual work, testing (choose the correct one from a set of judgments), module control.

Types of ongoing monitoring are selected according to the programme and may include evaluation of reports, surveys, testing, etc. The teacher, who conducts seminars, sets the number of points scored out of current control points and puts them in the documents of student performance. If a student is absent at a seminar for good reasons, he / she may work out the missed class in extra-curricular classes within 7 days after the missed class during the teacher's consultations. Academic detention is carried out by oral examination or other type of task set by the teacher. Points are not awarded for missed classes. It is not allowed to work out the missed classes at the end of the semester. Assessment of individual tasks is carried out in class according to a predetermined schedule of their performance by listening to the results, group discussion and more.

English