Infopaket

Commercial Law and Procedure of Foreign Countries

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

2

Knowledge and understanding of the principles of commercial law and procedure of foreign countries, skills in working with foreign legislation governing commercial relations, including commercial disputes resolution, the ability to choose appropriate ways of protecting rights and interests of business entities operating in the territory foreign states, the ability to provide legal assessment of specific situations in the field of commerce from the standpoint of foreign law

Full-time form

Know the fundamentals of law of the main legal families; history of the state and law of foreign countries, basic principles of organization and operation of commercial activities, basic principles of harmonization of commercial legislation in the context of globalization, basic forms of commercial disputes resolution (jurisdictional, non-jurisdictional). Possess basic skills of independent study and application of legislation

The course focuses on the peculiarities of the legal regulation of commercial relations in foreign countries (the USA, the EU, China, Germany, etc.); business vehicles; principles of entrepreneurship; the procedure for declaring business entities insolvent (bankrupt); specifics of certain types of contracts and the procedure for their formation; forms and procedures of commercial disputes resolution in foreign countries. This course forms interdisciplinary links with other disciplines, such as comparative law, the European Union law, the European Union commercial law, the US law, Chinese law, German law, economic law of Ukraine, economic procedural law of Ukraine, the WTO law. The course provides students with the ability to draft conclusions on the legal regulation of commercial relations by means the legislation of foreign countries, to qualify the actions of participants in commercial activities from the standpoint of commercial law of a certain country.

Yakovyuk I.V. Law of the European Union. European human rights law (in questions and answers). Kharkiv: Pravo, 2021. 256 p. Law of the European Union: a textbook. / R.A. Petrova. Kyiv: Istyna, 2017. 384 p. Popondopulo V.F., Makarova O.A. (ed.). Commercial (Trade) Law of Foreign Countries.Moscow: Yurait, 2013. 575 p. European Union Law: a manual / ed. V.I. Muravyov. Kyiv: Yurinkom Inter, 2011. 704 p. Kalinichenko Z.D. Course of Lectures on the Course "Civil and Commercial Law of Foreign Countries". Dnipro: DDUVS, 2016. 172 p. Commercial Law of Foreign Countries. Zaporizhzha, 2010. 136 p. Shymon S.I. Civil and Trade Law of Foreign Countries: a manual (Course of lectures). Kyiv: KNEU, 2004. 220 p. Mamutov V.K., Chuvpylo O.O. Economic Law of Foreign Countries. Kyiv: Dilova Ukraina, 1996. 351 p.

Express questioning or colloquium, interim tests or questioning. Teaching methods include conversation, explanation, scientific discussion on topical issues of the course; problem-based teaching of certain issues of the course, the use of visual material in the form of presentations, the use of statistical methods for presenting material on the number of commercial entities in foreign countries; review and analysis of webinars; practical methods - coordination of students’ actions in solving problems based on real case materials, controlled simulation of students’ consultations and drafting documents on commercial activities in a certain foreign country; discussion of complex legal issues of the course.

Types of formative assessment are chosen by the teacher who conducts practical lessons in accordance with the course syllabus. The teacher who conducts the seminars enters the number of points scored during ongoing performance assessment into the relevant documents of student performance assessment. The final grade is the sum of the student’s points based on the results of the assessment during the semester and the grade for the credit (points obtained at the credit). The maximum final grade for the discipline can be 100 points. Students can achieve the maximum of 60 points at the credit.

Ukrainian