Infopaket

Participants in civil litigation

ВБ.01.09.28

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

2

Aimed at students to achieve such competencies as: to know the general procedural procedure for consideration and resolution of civil cases, to study the positions of scholars on the prospects of solving problematic issues of participation of subjects of civil procedural law in civil proceedings; formation of students' deep knowledge of the legal nature of civil procedural legal relations, their structural elements; carrying out a thorough analysis of the composition of the participants in the process, the peculiarities of their procedural status; identification of practical problems of exercising specific procedural rights and fulfilling procedural responsibilities by participants in civil proceedings. Ability to apply the acquired knowledge in further professional activities, the ability to determine the procedural status of each individual participant in the proceedings in a particular proceeding and the ability to prepare draft procedural documents for each participant in the case

Knowledge of doctrinal understanding of the nature and essence of civil procedural form, individual participant in civil proceedings, understanding of "participant in civil proceedings", "participant in case" and "participant in dispute", "form of civil dispute resolution", "sources of law", "other participants in civil proceedings" process "," judicial system of Ukraine "," jurisdictional body "," jurisdiction ", obtained as a result of studying the discipline" Theory of Law "," Judiciary "," Civil Procedure of Ukraine "; knowledge of the basics of procedural forms of dispute resolution, obtained as a result of studying the discipline "Judiciary of Ukraine", "Civil Procedure of Ukraine"; skills of using the requirements of legal technique, acquired as a result of studying the discipline "Drawing up procedural documents in civil litigation".

Content module 1 Proceedings in the court of first instance Participants in civil proceedings: general legal characteristics. The court as a participant in civil procedural legal relations. Participants in the case. Content module 2 Participants in the case as participants in civil proceedings Parties and third parties as participants in civil proceedings Participants in court proceedings in cases of separate proceedings and injunctive proceedings Representatives as participants in civil proceedings. Participation in the judicial process of bodies and persons who are entitled by law to apply to the court in the interests of others Content module 3 Other participants in civil proceedings Other participants in the trial. Persons who provide organizational and technical support for the process. Assistant judge as a participant in civil proceedings Witness, expert, specialist and translator as participants in civil proceedings.

1. Bychkova SS Civil procedural legal status of persons who participate in lawsuits [Text] /Bychkova SS - K .: Atika: 2011. - 419 p. 2. Bobrovnik, Alexander Viktorovich. Third persons in the civil procedure of Ukraine [Text]: dis. ... cand. jurid. Sciences: 12.00.03 / Bobrovnik Alexander Viktorovich; Kyiv. University of Law of the National Academy of Sciences of Ukraine. - K., 2009. - 190p. 3. Bondareneko-Zelinska NL Preparation of civil cases for trial as a stage of civil proceedings: Dis. … Cand. jurid. Science: 12.00.03. - K., 2007. - 207p. 4. Vasilieva-Shalamova Zh.V. Participation in civil proceedings of an expert and a specialist: (comparative legal aspect) Bulletin of the Ministry of Justice of Ukraine. - 2008. - № 5. - S. 103—110. 5. Laban OS Protection of the rights and interests of the defendant in civil proceedings Abstract. Dis ... Cand. Sciences: 12.00.03 - Khmelnytsky - 2020. 20p.

The course is aimed at acquainting students with different views of procedural scholars; Lectures, research of theoretical bases and practice of application of techniques at different stages of consideration of case. The seminar provides acquaintance of students with the judicial practice of Ukraine and the practice of the EU, including through simulation, solving practical cases, drafting procedural documents. Performing self-study work.

Such tasks as: preparation of a summary, a written report, students perform in two stages. The first stage: execution and design of the task. The second stage: presentation of the result of the completed task at the seminar, its discussion and evaluation. Other tasks can be performed by students directly in the classroom during the seminar. Forms of student assessment - semester forms of assessment: 1. express survey - up to 5 points; 2. preparation of draft acts of law-making - up to 5 points; 3. testing (from the set of judgments to choose the right ones) - up to 5 points; 4. participation in a case study (mediation simulation) - up to 8 points; 5. modular test - up to 10 points. The maximum score that can be obtained by a student at the end of the semester is 40 points. The minimum score to be obtained by a student on the appropriate forms of assessment is 24 points. - final assessment: a credit taken in writing.

Ukrainian