Infopaket

European Standards of Civil Litigation

ВБ.01.10.28

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

3

To deepen and improve knowledge of the specifics of European civil litigation in the EU, including through the prism of the case law of the European Court of Human Rights. Know the legal nature of the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols; the practice of consideration of civil cases by courts of first instance in various types of proceedings and application of the case law of the European Court of Human Rights; problems of correct application of the case law of the European Court of Human Rights in civil litigation of Ukraine. Be able to evaluate and use the theoretical provisions of the science of civil procedural law to solve specific practical problems; to determine the competence of the EU in determining the features of civil litigation complicated by a foreign element etc.

Full-time form

To know the theory of civil procedural law; provisions of the civil procedural legislation of Ukraine, the competence of the EU in the field of civil litigation, as well as the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols; the practice of consideration of civil cases by courts of first instance in various types of proceedings and application of the case law of the European Court of Human Rights; problems of correct application of the European Court of Human Rights practice in civil proceedings of Ukraine. Be able to determine the competence of the EU in determining the features of civil litigation complicated by a foreign element; to study and use the case law of the European Court of Human Rights in courts of different instances to consider and resolve civil cases of various types of proceedings, to analyze existing problems and identify ways to solve them.

Module 1. General part - European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 as a source of civil procedural law of Ukraine. Topic 1. The concept and importance of European standards of justice for the development of international and national law Topic 2. Development of civil procedural legislation in the EU Topic 3. The value of the Brussels I Regulation for private national law Module 2. Special part - The role of the European Court of Human Rights in the formation of civil litigation Topic 4. The importance of the European Court of Human Rights practice for the development of civil litigation. Topic 5. Procedure for applying to the European Court Topic 6. The right to a fair trial in the case law of the European Court of Human Rights Topic 7. Application of the European Court of Human Rights practice in civil litigation

Belousov Yu.L., Blaga A.B., Zhitny O.O., Zakharov E.Yu., Kobzin D.O., Marmazov V.E. Application of the European Convention on Human Rights and Court Practice in the activities of internal affairs bodies of Ukraine/[Yu.L. Belousov, A.B. Blaga, O.O. Zhytniy, etc.]. K.: Tsifra, 2008. 324c Bushchenko A.P. Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms: a systematized digest of decisions of the European Court of Human Rights/A.P. Bushchenko X: Human Rights, 2009. 412p Bushchenko A.P. Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms: A Systematized Digest of Judgments of the European Court of Human Rights / A.P. Bushchenko 2nd ed., Ed. and additional X: Human Rights, 2008. 432p Civil Procedure Code of Ukraine. Scientific and practical commentary. N.Yu. Golubeva. Kyiv: Yurinkom Inter, 2021.804p.

Participation in international, all-Ukrainian scientific-practical conferences, round tables, scientific forums. Lecture, which consists in a logically complete, scientifically sound, consistent and systematic presentation of a particular scientific problem, topic or section of the subject, illustrated as necessary by the clarity of specific examples, documents. Creating a problem situation by the teacher, helping students to choose the right direction to solve the problem. Express surveys, testing, reports, research work, intermediate control in the form of test tasks and interviews.

Forms of assessment: report - up to 5 points; supplement to the report - up to 3 points; express survey - up to 3 points; colloquium - up to 4 points; case resolution - up to 5; self-study 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 p. essays - up to 3 points; testing - up to 3 points; abstract - up to 6 p.; participation in the discussion - up to 3 p.; problem solving - up to 5 p.; test control survey - up to 10 p.; final test - up to 5 p. Maximum final score -100 points. A student is not admitted to the credit if he / she scored less than 24 points during the semester. You can get a maximum of 40 points on the credit, to which are added the points obtained by the student during the test test. To obtain an overall positive grade in the discipline, the grade for the test may not be less than 20 points.

Ukrainian