Infopaket

Protection of civil rights and interests of the master

ВБ.01.05.22.

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

3

Students' achievement of such competencies, skills and abilities as: Formulate own sound judgments based on the assessment and analysis of a legal problem and propose approaches to its solution; Participate in professional discussions on law enforcement issues using a combination of court decision analysis and theoretical knowledge. Represent the interests of clients in various legal situations in courts, prosecutors, notaries, police, public authorities, local governments, diplomatic missions, individuals, legal entities, regardless of organizational and legal form and subordination.

Distance form

Know about the doctrinal understanding of the theory of civil law, including understanding of the concepts of "civil law", "civil law system", "property law", "contract law", "intellectual property law", "inheritance law", "family law", “housing law”, “corporate law”, “intangible assets”, “liability”, “ways to ensure the fulfillment of obligations”, etc. Be able to analyze and protect subjective civil rights and interests in court, in executive bodies, in local governments by appealing to notaries, the President of Ukraine and self-defense, to give a legal assessment of specific situations. Have the skills to perceive and analyze the provisions of sources of law, ECtHR decisions, legal positions of the Supreme Court.

Forms of teaching and teaching methods of this discipline are aimed at conducting legal analysis of substantive norms for the protection of civil rights and interests of subjects of law and issues related to their law enforcement, studying theoretical and practical aspects of protection of subjective civil law. The study of the discipline reveals the following issues: conceptual provisions on the legal nature of the subjective right to protection; the concept and features of the mechanism of protection of subjective civil rights; the ratio of legal categories, such as: protection of subjective civil rights and civil liability and protection of civil rights and protection of interests; problems of abuse of subjective rights; forms and methods of protection of subjective civil rights, including their division into general and special methods of protection; mediation in the mechanism of protection of subjective civil rights.

1.Кот О.О. Implementation and Protection of Subjective Civil Rights: Problems of Theory and Judicial Practice: a monograph / Cat О.О.. - К.: Аlerta, 2017. 2. Romashchenko I.O. Change and Termination of Civil Law as a Way to Protect Civil Rights / Romashchenko I.O. . - К.: Аlerta, 2016. 3. Timokhov Yu.A. Foreign Law in Judicial practice / Yu.A. Timokhov. - M .: Walters Clover, 2004. 4. Andreev Yu.N. Mechanism of Civil Law Protection / Yu.R. Andreev. - М.: Норма: ИНФРА-М, 2010. 5. Guide to European Law in the Field of Personal Data Protection. - К.: К.І.С., 2015. - 216с. (European Union Agency for Fundamental Rights, Council of Europe - uropean Court of Human Rights); 6. Manukyan V.I. International Protection of Human Rights: Law, Precedents, Comments: Scientific and practical manual. - K.: Istyna, 2010. 7.Misapplication of rights: collection of articles / edited by I.V. Spasibo-Fateeva. Kharkiv: Ekus, 2021. 308 p.

Lectures, seminars, self-study work of the student on the basis of mastering of court cases, abstracts, methodical recommendations, consultations with the teacher

In the classes the current assessment of the student's knowledge includes: express questioning - from 1 to 4 points; participation in the colloquium - from 3 to 4 points; reports and scientific works from 6 to 7 points; testing from 6 to 7 points; tests from 2 to 4 points. The following are subject to assessment: the level of knowledge demonstrated in the response; activity when discussing issues; systematic work in the classroom; homework results, test results. Missed seminars by students may be practiced for good reasons. The minimum score to be obtained by a student on the appropriate forms of assessment is 24 points. The maximum score that can be obtained by a student per semester is 40 points. A student who has not reached the minimum level of assessment during the mastering of the discipline may not be admitted to the final assessment. The maximum final grade for the discipline can be 100 points.

Ukrainian