Infopaket

Application of the European Court of Human Rights’ decisions in administrative proceeding

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

1

To be fluent in legal foreign language (one of the languages of the Council of Europe) orally and in writing To analyze the interaction of international law and international legal systems with the legal system of Ukraine, the basic modern legal doctrines, values and principles of law To carry out a comparative legal analysis of individual legal institutions, taking into account the relationship between the legal system of Ukraine and the legal systems of the Council of Europe and the European Union. To have practical skills in solving problems related to the implementation of procedural functions of law enforcement agencies. To know the main provisions of the Convention and its Protocols, the categorical apparatus and the categories of human rights protection; to know the system and powers of administrative courts of Ukraine, criteria for determining the jurisdiction, features of jurisdiction, composition and functioning of the European Court of Human Rights.

External form

The knowledge of the main provisions of the Convention and its protocols, categorical apparatus and content of basic categories of human rights protection, criteria for determining the jurisdiction of administrative disputes of administrative courts, jurisdiction of the European Court of Human Rights; legal status of permanent judges of the European Court of Human Rights and ad hoc judges.

When studying the discipline the following provisions are revealed: a) scientific provisions of domestic and foreign administrative and administrative-procedural doctrine; b) the provisions of current constitutional, administrative, administrative-procedural law, international law in the field of protection of public rights; c) the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms

Selected decisions of the European Court of Human Rights (1993-2002) Proceedings of the Lviv Laboratory for Human Rights and Citizens of the Scientific Research Institute of State Building and Local Government of National of Law Sciences of Ukraine. Series II. Comments on law and legislation. Edition. 3 / Edited by: P.M. Rabinovich et al . H .: Consul, 2003. 464 p. Handbook on Article 6 of the European Convention on Human Rights. The right to a fair trial / European Court of Human Rights. Council of Europe Strasbourg, 2013. 77 p. Theory and practice of application of the Convention for the Protection of Human Rights and Fundamental Freedoms. Edited by O.V. Serdyuk, І.В. Yakovyuk. 2nd ed., Supplement., Kharkiv: Pravo, 2018. 404 p. Fulei T.I. Application of the practice of the European Court of Human Rights in administrative proceeding: a scientific and methodological manual for judges. 2nd ed. K., 2015. 128 p.

There are lectures, seminars, independent work of students, also tests, reports, supplements to reports, express questioning, essays, presentations and reports on the implementation of individual tasks, independent work, participation in discussions

Semester forms of assessment: report on a given topic - 5 points; supplement to the report - up to 3 points; express questioning - up to 3 points; colloquium - up to 4 points; case resolution - up to 5 points; independent work - up to 4 points; report on the topic of individual task - up to 6 points; report on the performance of an individual task - up to 4 points; essays (short answers to questions) - up to 3 points; testing - up to 3 points; abstract - up to 6 points; participation in the discussion - up to 3 points; drafting a transaction, citizens' requests- up to 4 points; problem solving - up to 5 points; control questioning - up to 10 points; final test - up to 5 points..

Ukrainian