Infopaket

Problems of theory and practice of evidence and proof in civil litigation

ДВС.28.02

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

4

Know: subject, tasks and methodology of the course, the genesis of civil procedural law; doctrinal conclusions and debatable issues on the content of the legal category of "evidence", the problems of judicial practice. Be able to draw conclusions about the content of legal categories, concepts, doctrines; analyze judicial practice, identify its problems, suggest solutions. Use legal terminology correctly; to reproduce the views of scholars and practitioners, demonstrating understanding of the main topics of the course. Participate in discussions of issues of origin, formation and development of the institution of evidence in civil litigation, to formulate conclusions on the content of problems of theoretical and practical nature. Analyze information from primary sources, use modern information technology and databases to characterize the evolution of views on the components of the construction of civil procedural evidence.

Full-time form

Know: the main provisions of civil procedural evidence obtained in the 3rd and 4th year of bachelor's degree, the composition of the participants in the trial, the nature of their legal interest, the rights and responsibilities of the court and more. Be able to: consolidate and deepen the knowledge gained in lectures by developing sources of special literature on relevant topics of the course; perform tasks for independent work, solve practical problems, etc. Have the skills of perception and analysis of theoretical, legal and practical problems in the field of civil procedural evidence, prepare draft procedural documents that contribute to the implementation of rights in this area of ​​civil procedural activities, taking into account the practical situation and legal methods to solve problems arise in this way.

Content module 1 Development of legislation and scientific thought on the content of evidence in civil litigation. Legislative regulation of civil procedural evidence. The genesis of civil procedural legislation in terms of regulation of evidence and the development of the definition of "evidence" in civil procedural doctrine. Content module 2 Legal category “evidence”: Category “evidence” as conceptual in the theory of civil procedural evidence. Scientific discussion on the meaning of "proof"; Theoretical and practical problems of the properties of evidence in civil proceedings. Content module 3 Subject of evidence: subject of evidence as a key category in the theory of forensic evidence; epistemology and its role in proving the facts of the subject of proof and establishing them by the court; subjects of proving facts in civil litigation: scientific discussions and problems of case law.

Andriytso V.D. Theoretical problems of proof in civil litigation of Ukraine: monograph. Uzhhorod: IVA LLC, 2014. 410 p. Vasilieva-Shalamova Zh.V. Forensic examination in civil proceedings: author's ref. dis. for science. degree of Cand. jurid. Sciences. К.: 2009. Grabovska O.O. Theoretical and practical problems of proof in the civil procedure of Ukraine: monograph. K .: Jurinkom Inter, 2018. 472 p. Zakharova OS Evidence and evidence in cases arising from marital and family relations. Abstract of the Candidate of jurid. Sciences. - K., 1995. Kucher TM Theory of proof in the civil procedure: author's ref. dis. for science. degree of Doctor of Laws. K .: 2017. Civil Procedure Code of Ukraine: scientific and practical commentary/ed. by Vasylyna N.V., Gulko B.I., Kot O.O. - Kiev: PH "Dakor", 2021. - 1028p.

Express-surveys, testing, reports, scientific work, module control work, colloquium, intermediate control (final control work).

Forms of student assessment - 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. two module control works/tests - from 2 to 4 points for each (total: from 6 to 12 points); 6. intermediate control (final test) - 2 to 6 points. The minimum score to be obtained by a student in the appropriate forms of assessment is 24 points. The maximum score that can be obtained by a student per semester is 40 points. The envisaged forms of semester assessment cannot exceed 40 points in total. - final assessment: written exam.

Ukrainian