Infopaket

Separate Proceedings in Civil Litigation

ВБ.01.12.28

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

3

To know: the subject, tasks and methodology of the course of separate proceedings in civil litigation (hereinafter - SP); characteristics of the categories of cases of SP and its implementation in judicial practice; the method of applying the analogy of law or law in resolving cases of separate proceedings; methods of drafting procedural documents for different categories of cases of SP. Be able to critically analyze the provisions of judicial acts adopted by the appellate and cassation instances on cases of SP; to develop projects of appeals and cassation complaints on cases of SP. Be fluent in written and oral state language, correctly use the legal technique of drawing up procedural documents, taking into account the peculiarities of cases of SP. Participate in presentations of draft court decisions, decisions of the courts, formulate and justify their point of view on issues submitted for consideration.

Full-time form

To master the legal nature of a separate proceeding in civil litigation and the legal category of "legally protected interest" as a component of this type of proceeding; To know the categories of civil cases that are considered in separate proceedings, the specifics of their consideration and resolution by courts; To know the subjective composition of the participants in the trial in cases of separate proceedings; To acquire the skills of drafting procedural documents using legal techniques, appropriate terminology and the correct reference to the law.

Content module 1 Topic 1. General characteristics of separate proceedings as civil litigation Topic 2. Scientific concepts of procedural scholars on the concept of separate proceedings as civil litigation Topic 3. Subjects of separate proceedings, features of their procedural status Topic 4. The interest protected by law as an object of judicial protection in cases of separate proceedings Topic 5. Features of the initiation of separate proceedings in court Topic 6. Features of preparatory proceedings in cases of separate proceedings Topic 7. Procedural and legal nature of separate proceedings Topic 8. Procedural features of consideration of cases of separate proceedings

1. Churpita G.V. Some aspects of the composition of cases of separate proceedings arising from family relationships: monograph; Alert Publishing House, 2016 - 430 p. Tkachuk O.S. Problems of realization of judicial power in civil litigation: monograph. Kh. Pravo 2016. - 597 p. 2. Kireeva N.O., Ivanova A.S. Procedural features of court consideration of cases on restriction of an individual in visiting gambling establishments and participation in gambling as a category of cases of separate proceedings. Legal scientific electronic journal. 2021. № 7. C. 69-72. URL: http://lsej.org.ua/7_2021/18.pdf 3. Kireeva N.O., Ivanova A.S. Problematic issues regarding the definition of the range of persons who may be applicants in cases of restriction of an individual in visiting gambling establishments and participating in gambling. Challenges in Science of Nowadays: these add. XVIII International. scientific-practical Conference, Washington, USA, April 4-5, 2021

Lecture, seminar, self-study work of the student, express survey, testing, module control work

Semester forms of assessment: 1. express survey - up to 5 points; 2. preparation of draft acts of lawmaking - up to 8 points; 3. testing (from the set of judgments to choose the right ones) - up to 7 points; 5. two module 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: credit, which is made in writing

Ukrainian