Infopaket

Guarantees of Civil Litigation

ВБ.01.06.28

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

3

To know: the subject, objectives and methodology of the course "Guarantees of Civil Litigation", its place in the system of academic disciplines; characteristics of the general characteristics, classification and essence of procedural guarantees, their legal nature; basic scientific problems of civil litigation. To know the dynamics of formation and development of state thought to improve the legislation of Ukraine in the field of guaranteeing the implementation of civil litigation; basic principles of development of domestic doctrines of civil procedure in terms of guaranteeing the protection of rights and freedoms in civil litigation, to determine their features, to characterize practical attempts to implement them in the process of statehood and legal system in Ukraine. Analyze social processes in the context of the analyzed problem and demonstrate your own vision of ways to solve it. Formulate your own sound judgments based on an analysis of a known problem.

Full-time form

To know the main activities in the protection and defense of the rights of individuals and legal entities in civil litigation. Be able to implement at the reproductive level the requirements of the state for the formation of lawyers, leaders of high professional culture; at the heuristic level to apply the so-called personalistic approach, to use the necessary approach; at the creative level to use their inner positive qualities in improving the efficiency of professional activities, to explore current issues of legal practice in civil proceedings; to give objective assessments and assessments of the current state of development of justice in Ukraine. Have the skills to perceive and analyze the provisions of the sources of law; to be guided in the system of the legislation of Ukraine and to find in it the norm necessary for a concrete case; to analyze regulations related to advocacy and judicial activity and apply them in their practical activity.

Module 1.General theoretical principles of procedural guarantees General characteristics of the theory of procedural guarantees in the civil process of Ukraine Principles of civil procedure as the most important guarantees of civil litigation Implementation of international standards of protection of rights in civil proceedings of Ukraine in the context of the implementation of procedural guarantees Module 2.Legal characteristics of guarantees of realization of the right to court in civil proceedings Procedural guarantees in the mechanism of legal regulation of court proceedings on the merits Procedural guarantees in the mechanism of legal regulation of appeals against court decisions in the appellate and cassation procedure Procedural guarantees in the mechanism of legal regulation of review of court decisions on newly discovered or exceptional circumstances

1.The Constitution of Ukraine of June 28, 1998. 2.Civil Procedure Code of Ukraine. [Electronic resource]. - Access mode: https://zakon.rada.gov.ua/laws/show/1618-15#Text 3.The Universal Declaration of Human Rights was adopted by the UN General Assembly on December 10, 1948. [Electronic resource]. Access mode: http://zakon.rada.gov.ua/cgibin/laws/main.cgi?nreg=995_015 4. European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 [Electronic resource]. Access mode: http://zakon.rada.gov.ua/cgibin/laws/main.cgi?nreg=995_004 5.Civil Procedural Code of Ukraine. Scientific and practical commentary./ed. by N.Yu. Golubeva. Kyiv: Yurinkom Inter, 2021.804p. 6.Zakharova OS The system of procedural guarantees in civil proceedings. National Law Journal: Theory and Practice. 2015. P. 47–49. 7.Karmaza O., Kusherets D. Expert on legal issues in court proceedings: novelties of the legislation of Ukraine. Entrepreneurship, economy and law. 2017. № 10. P. 32–36

Participation in international, all-Ukrainian scientific-practical conferences, round tables, scientific forums. A lecture that consists in a logical conclusion, scientifically sound, consistent and systematic presentation of a particular scientific problem, topic or section of the subject, illustrated as necessary by the clarity of specific examples of documents. Creating a problem situation by the teacher, helping students to choose the right direction to solve the problem. Express surveys, testing, reports, research work, intermediate control in the form of test tasks and interviews.

Express survey, colloquium, report, scientific work, testing, intermediate control (final test). During the current control during the seminars, the following should be assessed: the level of knowledge demonstrated by the student in response, activity in discussing the issues of the seminar, regular work in the classroom, the results of homework. - semester forms of assessment: 1. express survey - from 1 to 4 points; 2. colloquium - from 3 to 4 points; 3. reports and scientific works - from 6 to 7 points; 4. testing (from the set of judgments to choose the right ones) - from 6 to 7 points; 5. intermediate control (final test) - 2 to 6 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. According to the results of the final form of control (credit) the student can get a maximum of 60 points.

Ukrainian