Infopaket

International Civil Procedure

ВБ.01.07.28

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

4

To know: the subject, objectives and methodology of the course "International Civil Procedure", its place in the system of disciplines; general provisions on international jurisdiction in civil matters; main scientific problems of international civil proceedings. To know the internal national legislation of Ukraine, which regulates the issues of international civil procedure, as well as the practice of their application. Be able to independently search for normative and literary sources on issues covered by the ICP; provide theoretical commentary on the practical situation and a possible version of its judicial solution; to deal with a private legal dispute with a "foreign" element in national courts; to conduct research on international civil proceedings. Participate in discussions on ICP issues, formulate conclusions on the content and significance of political and legal doctrines, express and justify their point of view on issues to be considered.

Full-time form

Know the sources of civil proceedings; general principles of legal regulation of private international law; main areas of activity in the protection and defense of the rights of individuals and legal entities in international civil proceedings; the place of civil litigation in the legal system of Ukraine; organizational structure of the judicial process in Ukraine. Be able to explore current issues of legal practice in civil procedure and private international law; to give objective assessments and assessments of the current state of development of justice in Ukraine and the world. Have basic skills of perception and analysis of the provisions of the sources of law; to analyze normative acts related to advocacy and judicial activity and apply them in their practical activity; solve practical problems that arise when applying the law to specific practical situations and compile relevant documents.

Content module 1. General provisions of the international civil procedure. The concept of international civil procedure, its subject, method, system. Sources and principles of international civil procedure. Types of disputes complicated by a foreign element. European civil proceedings. Legal status of subjects of international civil proceedings. Features of providing legal assistance to foreigners. Content module 2. Features of regulation of certain institutions of international civil procedure. International jurisdiction. Agreement on International Jurisdiction. Evidence and proof in international civil proceedings. Application of international treaties, national and foreign law in civil cases. International legal assistance. Legalization of foreign documents and apostille. Interaction of national and international processes in the field of protection of civil rights. Recognition and enforcement of foreign court decisions in Ukraine.

Recognition and enforcement of decisions of foreign courts and international commercial arbitrations: compendium; for the head ed. V.V. Komarova.-Kharkiv: Law, 2020.668p. Izarova IO Theoretical principles of the EU civil process: monograph /I.O. Izarova. - Kyiv: PH Dakor, 2015. -336 p International private law: a textbook/ed. by A.S. Dowgert and V.I. Kysil. - 2nd edition. - К.: Alerta, 2014.-656 с International Civil Procedure of Ukraine: Textbook/Ed. by S.Ya. Fursa.-K .: Published by Fursa S.Ya., 2010.-328p Kosovsky L.M. Judicial proceedings in civil cases with a foreign element: a monograph. Kharkiv: Pravo, 2017 -300p Tsirat G.A. International Civil Proceedings: current status and prospects of international legal unification: monograph/Gennady Tsirat. - Kh.: Ivanchenko I.S. Publishing House, 2013.- 482p Chernyak Yu.V. Unification of norms of the international civil process on consideration of family disputes: Monograph /Yu.V. Chernyak. K.: Alerta, 2018.-388p

Lecture, seminar, self-study work

Forms of student assessment - semester forms of assessment: 1. express survey - from 1 to 4 points; 2. reports and scientific works - from 6 to 7 points; 3. testing (from the set of judgments to choose the right ones) - from 6 to 7 points; 4. preparation of practical procedural documents from 5 to 7 points; 5. solving practical problems (legal cases) from 5 to 7 points; 6. two modular tests - up to 10 points for each (total: up to 20 points); The maximum score that can be obtained by a student at the end of the semester is 40 points. The minimum score to be obtained by a student on the appropriate forms of assessment is 24 points. - final assessment: a credit taken in writing.

Ukrainian