Infopaket

Lawyer in the notarial process

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

3

Know the basic provisions of the lawyer's representation of the client's interests in notarial proceedings, its legal nature, grounds for implementation and features of the subject and content of the contract on legal assistance in specific notarial proceedings, as well as cases where notarial acts cannot be performed through a lawyer. Be able to analyze the rules of substantive law and legislation on notaries, which regulates the procedure for performing notarial acts. In her absence, to raise the issue of applying the analogy of law and law, to assist the client, at his request, in the application of the notary of foreign law. Analyze, critically comprehend possible options for the protection of indisputable rights, interests of the client to offer the best of them that would meet his will, providing advice. Be able to compose documents ...

Distance form

Knowledge of the legislation on notaries, advocacy and substantive law, which is implemented when a notary performs notarial proceedings through a notarial procedure; Knowledge of theories, concepts, scientific approaches to understanding the legal nature of notaries as a body of undisputed jurisdiction, the status of a notary, his competence, the essence of legal aid and its provision by a lawyer, the status of a lawyer in the mechanism of effective protection, protection of rights, freedoms and interests; Methodological bases of notarial and advocacy activity; Be able to delimit the competence of the bodies to which a person may apply for protection and protection, respectively, of their undisputed and disputed rights and interests; Possess basic skills in methods, ways of carrying out professional activities to provide legal assistance to individuals, the basics of strategy and tactics for resolving certain legal situations, basic skills of drafting documents.

The discipline provides students with both theoretical and practical knowledge about the peculiarities of representation by a lawyer in the notarial process as one of the types of legal assistance to protect the undisputed rights and interests of individuals and legal entities, legal aspects and grounds of representation of the client the subject and content of the agreement on legal assistance in specific notarial proceedings; the nature and specifics of the legal relationship that arises between a lawyer and a notary and other entities involved in notarial proceedings, their boundaries and ethical aspects; the general algorithm of representation by the lawyer in notarial process, and also features ...

Fursa S.Ya., Fursa E.I. Representation by a lawyer in the notarial process. // Vishegrad Journal on human rights.2021. № 2 (volume). C 264-268. Fursa S.Ya., Ethical principles of relations "lawyer-notary" // Abstracts of reports and messages of the round table "Ethics of a lawyer". Kharkiv, 2021. P.107-114. Fursa E.E. Interaction of Ukrainian lawyers with Ukrainian consuls abroad: providing free legal aid // Proceedings of the X International Scientific and Practical Conference "Advocacy: Past, Present and Future". Odessa, 2020. pp. 611-617. Fursa E.E. Advisory work of a lawyer in order to apply for a certificate of division of property of the spouses to a notary (consul) // Scientific Collection "InterConf", (53): with the Proceedings of the 7th International Scientific and Practical Conference "International Forum: Problems and Scientific Solutions »(April 25-26, 2021). Melbourne, Australia: CSIRO Publishing House, 2021 (761p.).

1) verbal method (lecture, discussion, taking into account such methods as inductive, deductive,); 2 visual method (demonstration) through the use of various information technologies; 3) interactive method, by solving situational problems and on their basis of drawing up both material and procedural documents, solving test tasks; 3) independent work is reduced to solving problematic, not regulated or not fully regulated by law legal situations; 4) research work is reduced to involving students in conferences, round tables, preparation of scientific articles and reports

1. report (speech on a given topic) - up to 3 points; 2. supplement to the report - 1 point; 3. express survey - up to 2 points; 4. colloquium - up to 3 points; 5. solving a legal problem - up to 5 points; 6. independent work - up to 5 points; 7. report on the topic of individual task - up to 5 points; 8. report on the performance of an individual task - up to 5 points; 9. essay (short answers to questions) - up to 2 points; 10. testing (from the set of judgments to choose the right ones) - up to 10 points; 11. abstract (meaningful written work on a given topic with analysis of the literature and conclusions) - up to 5 points; 12. participation in the discussion - up to 2 points; 13. development of the project of the material and procedural document - to 5 points; 14. problem solving - up to 5 points; 15. control work - up to 10 points.

ukrainian