Infopaket

Legal Protection of Constitution

ВБ.01.03.13

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

4

Ability to analyze and generalize existing concepts, doctrines, thoughts of domestic and foreign scholars, experts on legal protection of the Basic Law, elements of its system; be competent in the practice of application of the regulations of the Constitution of Ukraine by the Ukrainian courts, use acquired theoretical knowledge in research and pedagogical activities, independently solve practical issues, the relevant provisions of the Constitution of Ukraine and laws of Ukraine; skills of drafting procedural documents of constitutional proceedings; skills of substantiation of normative and factual bases of a legal issue, regarding modern regulation of the corresponding legal relations by norms of the current legislation of Ukraine, and also with application of comparative legal practice in foreign states.

Full-time form

Students should understand the essence and content of scientific and normative approaches to the main components of the legal protection of the constitution, analyze and critically comprehend the institutional components of legal protection of the Constitution, forms and methods of implementation (exercise) of constituent power, problems of improving the system of legal protection of the Constitution of Ukraine; be competent to offer options for solving a legal issue, based on a specific set of data on a particular legal problem and current legislation of Ukraine; be aware of the content of regulations governing the subject of this discipline, main legal positions of the Constitutional Court of Ukraine on the implementation and protection of human rights, the implementation of forms of direct democracy, the activities of higher state authorities and local governments.

The issues of genesis, nature, content, system and mechanism of legal protection of the Constitution are studied; scientific concepts, normative regulation and case law on issues of ensuring (guaranteeing), implementation of constitutions; the role and significance of the Ukrainian people, President of Ukraine bodies of state authority and local self-government as subjects of legal protection of the Constitution of Ukraine, place and role of civil society institutions in the mechanism of protection of the Constitution of Ukraine and similar subjects and institutions in foreign states; practice of applying the norms of the Constitution of Ukraine by the courts of Ukraine

1. Constitutional law: a textbook / edited by M.I. Kozyubri. K.: Waite, 2021. 528 p. 2. Borislavska O.M. European model of constitutionalism: system-axiological analysis: monograph / O.M. Borislavska. Kharkiv: Pravo, 2018. 384 p. 3. Riznyk S.V. Constitutionality of normative acts: essence, methodology of evaluation and system of provision in Ukraine: monograph / S.V. Riznyk.-Lviv: Ivan Franko Lviv National University, 2020. 542 p. 4. Chernyak E.V. Protection of the Constitution of Ukraine and the constitutions of foreign countries: constitutional and comparative analysis: monograph. Kyiv: Lira-K Publishing House, 2020. 592 p. 5.Constitutional Courts in Post-Soviet States. Between the model of a state of law and its local application (studies in Politics, Security and Society). Jacek Zalesny (ed.). Peter Lang GmbH, Internationaler Verlag der Wissenschaften., 2019. 628 p.

Lectures and seminars based on the active application of Socrates method and Socratic dialogue, express survey, participation in discussions, reports, case studies. Solution of situational problems is planned; testing; students writing essays; express survey; performance of individual tasks, module tests.

Ongoing and final performance evaluation is applied. Assessment methods - the type of work / activity of the applicant, which will assess the level of achievement of learning outcomes (testing, creative tasks, individual work, independent work, etc. and the minimum threshold after which a positive assessment is credited) - and evaluation criteria are communicated to applicants before beginning of the study of the discipline by a teacher who conducts seminars. At the ongoing and final performance evaluation are subject to assessment: the level of "Knowledge", "Understanding", "Application", "Analysis" / "Synthesis" / "Evaluation", demonstrated by the applicant. The maximum total number of points the applicant can score in the ongoing performance evaluation - 40, in the exam - 60. The final score for the discipline is set on a 100-point scale (ECTS) and a national scale.

ukrainian