Infopaket

Litigation disputes related to the election or referendum process

Вибіркова дисципліна для ОП

Second

2023/2024

2 Trimester

1

To discuss complex legal issues, suggest and justify ways of solutions. To participate productively in the development of draft regulations, justify the social conditionality of their adoption, predict the results of their impact on relevant public relations. To identify a topical practical or scientific problem, plan and perform the research of its solving, select relevant methodology and sources. To know the general and special principles of administrative proceeding used in the process of electoral disputes; international (European) standards for electoral proceedings, the practice of the European Court of Human Rights on the interpretation of Article 3 of Protocol No. 1 to the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms.

Full-time form

It is necessary to know: the essence of the legal categories "electoral law", "electoral process", "electoral dispute", "elections" and "referendum" and their difference from other forms of direct democracy; the system of courts of Ukraine that provide judicial protection of the voting rights of citizens, the principles of administrative proceeding applied in the process of considering election disputes; criteria for determining the substantive, territorial and instance jurisdiction of administrative cases on election disputes; organizational and legal features of the administrative process that considers the election dispute (parties of the dispute, representation, terms, evidence and proof, calculation of court costs, etc.) the essence, types and requirements for the presentation of court decisions in cases on the claims of participants in the election process and the referendum process, the procedure and grounds for their re-examination in the appellate and cassation procedures.;

The discipline involves students studying the concept and essence of the electoral process, its stages, the tasks of administrative justice to resolve legal conflicts on the protection of suffrage, theoretical and legal principles, practical problems of litigation related to the electoral process and referendum process.

1. Electoral disputes: expert assessment of the quality of court decisions (2015 local elections) Analytical Report / USAID Fair Justice Project; KMGO "Institute for Applied Humanitarian Research": T. Kalmykov, V. Kokhan, O. Serdyuk, M. Buromensky, S. Kalchenko, F. Venislavsky. H., IPGD. 2016. 58 p. Access mode: http://www.iahr.com.ua/files/works_docs/143.pdf Humeniuk V.I. Consideration of election disputes under the Law of Ukraine "On Elections of the President of Ukraine" / Humeniuk V.I, Stavniychuk M.I; Edited by Yaremi A.G. Kyiv Drohobych: Kolo, 2004, 352 p. Zhushman M.V. Judicial review of cases arising from election legislation / Zhushman M.V. Kh., 2004. 167 p. European democratic achievements in the field of electoral law: materials of the Venice Commission, OSCE / ODIHR, PACE / trans. O. Rossokha, L. Kolisetskaya; ed. Y. Klyuchkovsky. K .: "Fada" LTD, 2008. 340 p

Lecture, seminar, independent work, presesntation and report on the individual task, essay, abstract, test.

Semester forms of assessment: 1. presentation (speech on a given topic) up to 5 points; 2. supplementing the report to 3 points; 3. express questioning up to 3 points; 4. colloquium up to 4 points; 5. case resolution up to 5; 6. independent work up to 4 points; 7. report on the topic of individual task up to 6 points; 8. report on the performance of an individual task up to 4 points 9. essay (short answers to questions) up to 3 points; 10. testing (from the set of judgments to choose the right ones) up to 3 points; 11. abstract (meaningful written work on a given topic with analysis of the literature and conclusions) up to 6 points; 12. participation in the discussion up to 3 points; 13. development of a draft lawsuit to the administrative court up to 4 points; 14. solving problems up to 5; 15. test control questioning up to 10 points; 16. final test up to 5 points.

Ukrainian