Infopaket

Adversarial criminal proceedings

86.01.07.16

Обов’язкова дисципліна для ОП

Second

2023/2024

3 Semester

4

Know: the subject, objectives and methodology of the course "Adversarial Criminal Proceedungs", its place in the system of academic disciplines. Know: the legal nature, content and significance of adversarial principles in criminal proceedings. Know: the essence of the adversarial principle in civil, commercial, administrative proceedings of Ukraine and in the light of rulings of the ECHR; know the strategy and tactics of procedural functions in adversarial criminal proceedings. Be able to analyze information and know the meaning of the concept of "jury trial as an organizational form of adversarial criminal proceedings." Be fluent in written and oral state language, correctly using legal terminology; formalizing models of behavior and securing them in the form of sound legal positions on controversial issues of law enforcement. Competently and accurately express and justify one’s positions on rule-making initiatives.

Full-time form

1) knowledge of the main criminal procedural institutes obtained as a result of studying the disciplines: “Criminal Procedure of Ukraine", "Current issues of criminal procedural law"; 2) use of theoretical knowledge based on the results of studying disciplines: "Advocacy in Ukraine", "Prosecutor's Office of Ukraine", "Current issues of the Advocacy of Ukraine", "Current issues of the Prosecutor's Office of Ukraine", "Judiciary of Ukraine", "Current issues of the judiciary of Ukraine"; 3) application of acquired skills in the field of criminal procedure, acquired as a result of practice in the prosecutor's office and courts.

When studying the discipline, students form ideas about the development and principles of adversarial criminal proceedings; knowledge of the moral principles of effective implementation of procedural functions in adversarial criminal proceedings is expanding; students get acquainted with the strategy and tactics of procedural functions in adversarial criminal proceedings; acquire practical skills of scientific analysis of criminal procedural legislation and practice of its application, identification of advantages and disadvantages of improving legal regulation, forming one's own opinion on problematic issues; students have the opportunity to learn in practice to identify errors and shortcomings.

1. Yanovska O.G. The role of the court in adversarial criminal proceedings / O.G. Yanovska // Journal of the National Academy of Internal Affairs: Scient. Journal - 2013. - № 1. - P.87 - 92. 2. Yanovska O.G. Conceptual principles of functioning and development of adversarial criminal proceedings: Monograph.– K .: Precedent, 2011. - 303 p. 3. European Convention on Human Rights (Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950) // Human rights and professional standards for lawyers in the documents of international organizations. - Amsterdam - Kyiv, 1996. - P. 12-17. 4. Universal Declaration of Human Rights of December 10, 1948 // Human Rights. International treaties of Ukraine, declarations, documents. - K., 1992. - P.18-24.

Lecture, seminar, student’s individual work.

Survey, discussion, writing a research paper (article, thesis), exam - semester forms of assessment: 1. report (speech on a given topic on the basis of the prepared article 8-12 p.) - up to 20 points; 2. supplement to the report, participation in the discussion - up to 5 points; 3. express survey - up to 5 points; 4. individual work at a seminar - up to 5 points; 5. current testing (from the set of statements to choose the right ones) - up to 5 points; 6. refusal to answer - 0 points; 7. written module tests - up to 10 points. The maximum score that can be obtained by a student at the end of the semester is 40 points and is scored at the credit module test. The minimum score to be obtained by a student in the appropriate forms of assessment is 24 points. - final assessment: test, which is conducted in the form of an interview.

Ukrainian