Infopaket

The Case Law of the European Court of Human Rights in Civil Litigation of Ukraine

ДВС.28.02

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

3

Know the main aspects of ensuring the application of the case law of the European Court in civil proceedings in Ukraine; normative and scientific sources on the problems of application of the case law of the European Court in civil proceedings of Ukraine, acts of civil procedural legislation governing the relations of participants in civil procedural legal relations; legal characteristics of case law and determine its impact on the formation of European legal standards for the administration of justice. Be able to determine the essence of the decisions of the European Court, give them a legal description; to analyze critical situations that require the application of the case law of the European Court. Make and justify decisions on the preparation of draft procedural acts, taking into account the peculiarities of the practical situation and the application of civil procedural rules for consideration of the case to be decided by the court.

Full-time form

Know the theory of civil procedural law; provisions of the civil procedural legislation of Ukraine, as well as the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols; the practice of consideration by courts of first instance of civil cases in various types of proceedings and the application of the case law of the European Court of Human Rights; problems of correct application of the case law of the European Court of Human Rights in civil litigation of Ukraine. Be able to evaluate and use the theoretical provisions of the science of civil procedural law to solve specific practical problems; correctly apply the law in judicial practice and their relationship with the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols; to study and use the case law of the ECtHR in courts of various instances in the consideration and resolution of civil cases, to analyze existing problems and identify ways to solve them.

Module 1. General part - European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 as a source of civil procedural law of Ukraine. Theoretical bases of ensuring the application of the case law of the European Court in the civil process of Ukraine. The right to effective protection of the rights and freedoms guaranteed by the Convention. Structure and jurisdiction of the European Court of Human Rights. Procedure for recourse to the European Court. Access to justice and the right to a fair trial in the context of the case law of the European Court of Justice. Proceedings procedures applied in the ECtHR. Procedural issues of application of the case law of the European Court of Justice in civil proceedings. Module 2. Special part - Procedure for execution of decisions of the European Court of Human Rights Implementation of judgments of the European Court of Human Rights. Liability for non-compliance with the decisions of the ECtHR.

1.Universal Declaration of Human Rights of December 10, 1948 //Voice of Ukraine of December 10, 2008 - №236 2.Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950//Visnyk of the Supreme Court of Ukraine. - 1977. - № 3 3.Constitution of Ukraine [Electronic resource]//Access mode http://zakon2.rada.gov.ua/laws/show/1618-15 4.Sakara N.Yu. The problem of access to justice in civil cases. Kh.: Pravo, 2010. 256p. 5.Judgment of the European Court of Human Rights in civil cases. Protection of property, private and family life and freedom of opinion/compiler O.V. Kovalsky; for ed. O.S. Zakharova. Kyiv: Yurinkom Inter, 2019.328p. 6.Komarova T.V. Jurisdiction of the Court of Justice of the European Union. Monograph. Kharkiv. "Pravo". 2010.354с. 7.Civil Procedural Code of Ukraine. Scientific and practical commentary./ed. by N.Yu. Golubeva. Kyiv: Yurinkom Inter, 2021.804p.

Lecture, seminar, self-study work, individual task, colloquium, case solving, drafting of a procedural act, express survey, final test.

Forms of student assessment - semester forms of assessment: report - up to 5 points; supplement to the report - up to 3 points; express survey - up to 3 points; colloquium - up to 4 p.; case resolution - up to 5 p.; self-study work - up to 4 p.; report on the topic of individual task - up to 6 p.; report on the performance of an individual task - up to 4 p.; essay - up to 3 p.; testing - up to 3 p.; summary (meaningful written work on a given topic with analysis of the literature and conclusions) - up to 6 p.; participation in the discussion - up to 3 p.; problem solving - up to 5 p.; test control survey - up to 10 p.; final test - up to 5 p. The minimum score that can be obtained by a student on the appropriate forms of assessment is one point. The number of points obtained by the student corresponds to the percentage in the final grade of the discipline. The maximum score that can be obtained by a student per semester is 40 points.

Ukrainian